Stolen Inheritance

thegentleway

That's a very sobering story of greed! I think you've got a duty to right the wrong as effectivelly possible. Definitely have to ask the aunt to return the money and follow through with reporting to authorities if she doesn't.

elsien

Bravepants said:

elsien said:

Bravepants said:

This is theft...end of...call the police. I would not stand for this!

The person it was allegedly stolen from is neither around to press charges, or to rebut any points the sister may make about having been gifted the money. Any prosecution has to have a reasonable chance of succeeding and to be in the public interest. It is unlikely to get that far. There was a thread on here some years ago where a family member stole his father's life savings. The father was still alive at that point, but the person was not prosecuted despite the posters best efforts to make the authorities act. It's really not as simple as "theft....end of."

So if I see a hate crime being committed I shouldn't report it? Is that what you are saying? After all, I'm not the victim, I have nothing to do with the victim, and the victim might decide not to press charges, or might die of natural causes before going to court. So I should just walk on by and leave them to it?

I would STILL report it to the police. If nothing else, they can offer support services and provide links to advice. I'm shocked to think that reporting an out and out crime won't at least draw some attention from the authorities.

Please point out where I said it shouldn't be reported? You are reading something I didn't write.
The point I was making is not to expect the police/CPS/OPG to be pushing it forwards with any enthusiasm. If I'm wrong great, but the last OPG case I was involved in ref potential fraud they were about as useful as a chocolate teapot, 

Mickey666

Sailtheworld said:

Bravepants said:

elsien said:

Bravepants said:

This is theft...end of...call the police. I would not stand for this!

The person it was allegedly stolen from is neither around to press charges, or to rebut any points the sister may make about having been gifted the money. Any prosecution has to have a reasonable chance of succeeding and to be in the public interest. It is unlikely to get that far. There was a thread on here some years ago where a family member stole his father's life savings. The father was still alive at that point, but the person was not prosecuted despite the posters best efforts to make the authorities act. It's really not as simple as "theft....end of."

So if I see a hate crime being committed I shouldn't report it? Is that what you are saying? After all, I'm not the victim, I have nothing to do with the victim, and the victim might decide not to press charges, or might die of natural causes before going to court. So I should just walk on by and leave them to it?

I would STILL report it to the police. If nothing else, they can offer support services and provide links to advice. I'm shocked to think that reporting an out and out crime won't at least draw some attention from the authorities.

A decision has to be made as to whether it's in the public interest to take it further and weigh up the chances of a prosecution.

A hate crime with a live victim and decent witnesses is different to someone dipping into their dead mother's purse who will say it was a gift.

I bet most things like this are resolved (if at all) well away from criminal courts.

"in the public interest" is a slippery slope and is probably why domestic burglaries are seeming not treated seriously and where the main function of the police is to hand out a crime report number so the victim can make an insurance claim.

Police resources may well be stretched but this sort of thing is tantamount to a criminal's charter.  OK, the OP's aunt is unlikely to be a 'career criminal' but there are plenty who are and who treat the law as a joke and carry on with impunity because the chances of being prosecuted are small and even if caught the punishment is likely to be laughingly derisory.

bigadaj

Any case has more chance of success from a civil than a criminal perspective as it is a lower level of proof, the father would be representing the estate of the grandmother. The difficulty for the aunt would be that if they were acting under a poa then the grandmother would be deemed to have lost capacity and so wouldn't be deemed capable of saying spend all my money on yourself and your family, bit of a catch 22. 

kipsterno1

Firstly sorry for your loss.  This additional distress can not be easy in such circumstances. 

I personally think this must be reported. Your aunt has already proved her true colours so do you think she will keep a future promise to repay this money? My experience is not. Any discussion with her to make this right only help her in any future proceedings. 
A previous poster suggested checking your father's home insurance for any legal assistance that might be included. Another option could be an appointment with your local Citizen Advice but my first call tomorrow would be to the OPG as they are the definitive knowledge on this and you (your father) will not have been the first person to make such a call, unfortunately. 

elsien

Not neccessarily. An LPA can be set up to act where the person still has capacity, with their consent.

elsien

This is from 2017 but the guidelines at the time were that the OPG will not generally investigate after someone has died. I suspect that is still the case. The guidelines are still the same. 
https://forums.moneysavingexpert.com/discussion/comment/72816208#Comment_72816208

Gsaver1

I would report the crime to the police. I was named as a beneficiary in a Will. My cousin and two from the other side of the family. That didn't stop my oldest sister breaking and entering my late Aunt's house and helping herself. I was all for going to the police but my Auld Dear stopped me as she didn't want her eldest to get done by the police. One of the things that she took were my late Uncles war medals from the Second World War. I was promised them by my Auntie, little knowing that I was actually named in the Will until a few years later.

My eldest sister never went to see my Uncle in his latter years or my Auntie at that point. However, when my Uncle passed away my sister was like a fly around *****. My Auntie saw through this and the fact that she had done well in her career meant she was getting nowt from the estate. It was all left to people who would appreciate the gesture. 

What really gets me is I would have just liked to be born a good few years earlier to have enjoyed their company and wisdom for longer. 

This Aunt has abused her POA and should be thoroughly ashamed. Materialistic seems to be more her style than a people person.

Bravepants

elsien said:

Bravepants said:

elsien said:

Bravepants said:

This is theft...end of...call the police. I would not stand for this!

The person it was allegedly stolen from is neither around to press charges, or to rebut any points the sister may make about having been gifted the money. Any prosecution has to have a reasonable chance of succeeding and to be in the public interest. It is unlikely to get that far. There was a thread on here some years ago where a family member stole his father's life savings. The father was still alive at that point, but the person was not prosecuted despite the posters best efforts to make the authorities act. It's really not as simple as "theft....end of."

So if I see a hate crime being committed I shouldn't report it? Is that what you are saying? After all, I'm not the victim, I have nothing to do with the victim, and the victim might decide not to press charges, or might die of natural causes before going to court. So I should just walk on by and leave them to it?

I would STILL report it to the police. If nothing else, they can offer support services and provide links to advice. I'm shocked to think that reporting an out and out crime won't at least draw some attention from the authorities.

Please point out where I said it shouldn't be reported? You are reading something I didn't write.
The point I was making is not to expect the police/CPS/OPG to be pushing it forwards with any enthusiasm. If I'm wrong great, but the last OPG case I was involved in ref potential fraud they were about as useful as a chocolate teapot, 

Well, the whole of your paragraph suggested that it isn't worth reporting...if you didn't intend me to read it that way, then perhaps you should have written it differently. I don't think that your way is the correct message to be giving the OP, who is no doubt seeking some sort of justice.

bigadaj

elsien said:

Not neccessarily. An LPA can be set up to act where the person still has capacity, with their consent.

It can be, but it's very suspicious and patently acting against the interests of the grandmother for the attorney to be spending money on themselves and their family. If the grandmother wanted to gift that money, or indeed buy gifts etc, then if they had capacity they should be doing it themselves. It's a catch 22 that whilst difficult to prove to criminal levels of proof would be the more likely outcome of a civil dispute.