Executor Fraud

coocoo51

Executors of my mother’s will have for six years withheld payment of my legacy conditional on me accepting and signing their undated, unsigned and inaccurate accounts of the estate. They are also requiring me to accept unlimited liability for any claims on the estate ‘whatsoever and how so ever arising’. 

I have now been advised that there are two new legacies due to me, but the same executors are insisting on the same terms to release payment. The problem is that these are malicious and dishonest family members whom I have no reason to trust. 

I have documentary evidence of fraud, theft and misrepresentation in respect of my mother’s will and was advised by Action Fraud that I was a victim of Fraud by Abuse of a Position of Trust contrary to s.4 of The Fraud Act 2006.  AF passed a crime pack to my local constabulary who were not in the least interested.

I have repeatedly contacted the executors for payment of my legacy and at the last communication in 2019, sent by ‘signed for delivery’ they did not even collect the letter from the post office and the letter was returned. 

Despite not signing any of their accounts, documents or letters sent to me, the executors are demanding an independent witness to my signature.  I have asked them to accept my live in partner as a witness on the basis that I am in the Clinically Extremely Vulnerable’ category for Covid 19 and do not see family, let alone anyone else. 

We have entirely separate and independent financial arrangements with no legal obligations and the only coercion is coming from the executors themselves, threatening not to pay my legacies.

CA have not the expertise and I have had some really bad experiences with lawyers who have assured me they could recover the money and then, having taken their fees, say the amount is not worth pursuing.  In communications the executors did their utmost to escalate my legal bills. Last week a solicitor from Which Legal said if I wanted my inheritances would have to accept full liability for the actions of the executors, otherwise it would ‘just go on until one side gave in’

The executors are saying that the indemnity is standard legal practice, but I understood that executors cannot escape liablility fo claims arising from their administration. 

I am really scared of legal bills that will wipe out all I have. Is there anyone who can help ?

ameliarate

Have you seen a solicitor about this. I can’t see any other way forward for you. 

Brynsam

coocoo51 said:

CA have not the expertise and I have had some really bad experiences with lawyers who have assured me they could recover the money and then, having taken their fees, say the amount is not worth pursuing.  In communications the executors did their utmost to escalate my legal bills. Last week a solicitor from Which Legal said if I wanted my inheritances would have to accept full liability for the actions of the executors, otherwise it would ‘just go on until one side gave in’

The executors are saying that the indemnity is standard legal practice, but I understood that executors cannot escape liablility fo claims arising from their administration. 

I am really scared of legal bills that will wipe out all I have. Is there anyone who can help ?

You seem to have had more than one lot of lawyers involved and the one from Which appears to have given pretty clear guidance.

If you've had 'bad experiences with lawyers', then you need to make formal complaints (details on their websites). Then appoint a new one, making quite sure you know what you're paying for and getting a fee estimate before going any further.

Malthusian

I have documentary evidence of fraud, theft and misrepresentation in respect of my mother’s will and was advised by Action Fraud that I was a victim of Fraud by Abuse of a Position of Trust contrary to s.4 of The Fraud Act 2006.

I very much doubt that happened. Action Fraud aren't lawyers or even police officers. They are a call centre who pass reports to police forces. They don't tell callers whether a fraud has occurred or not. The most they would tell you is that the report has been pased on.

Even if an Action Fraud call centre assistant was loose-lipped enough to tell a caller that they'd been a victim of fraud (which is a bit like a doctor's receptionist saying "Yeah sounds like you've got cancer"; the jobs are equivalent in terms of qualification and authority), I struggle to believe they would have come to that conclusion based on the facts in your post. Failure to distribute an estate is a civil matter.

They are also requiring me to accept unlimited liability for any claims on the estate ‘whatsoever and how so ever arising’.

Executors are legally responsible for any failure to distribute the estate in accordance with law and the terms of the Will. They cannot get beneficiaries to take on that liability by signing a piece of paper.

CA have not the expertise and I have had some really bad experiences with lawyers who have assured me they could recover the money and then, having taken their fees, say the amount is not worth pursuing.

That makes little sense - in your previous thread you said there was a house in the estate of significant value. It sounds more like you fell out with them because they didn't tell you what you wanted to hear.

You should either consult a good SRA-regulated solicitor and follow their advice, or, if you are insistent on not doing so, forget about the inheritances and move on with your life.

coocoo51

Malthusian said:

I very much doubt that happened. Action Fraud aren't lawyers or even police officers.

I very much doubt that happened. Action Fraud aren't lawyers or even police officers. They are a call centre who pass reports to police forces. They don't tell callers whether a fraud has occurred or not. The most they would tell you is that the report has been pased on.

Even if an Action Fraud call centre assistant was loose-lipped enough to tell a caller that they'd been a victim of fraud (which is a bit like a doctor's receptionist saying "Yeah sounds like you've got cancer"; the jobs are equivalent in terms of qualification and authority), I struggle to believe they would have come to that conclusion based on the facts in your post. Failure to distribute an estate is a civil 

They are also requiring me to accept unlimited liability for any claims on the estate ‘whatsoever and how so ever arising’.

Executors are legally responsible for any failure to distribute the estate in accordance with law and the terms of the Will. They cannot get beneficiaries to take on that liability by signing a piece of paper.

CA have not the expertise and I have had some really bad experiences with lawyers who have assured me they could recover the money and then, having taken their fees, say the amount is not worth pursuing.

That makes little sense - in your previous thread you said there was a house in the estate of significant value. It sounds more like you fell out with them because they didn't tell you what you wanted to hear.

You should either consult a good SRA-regulated solicitor and follow their advice, or, if you are insistent on not doing so, forget about the inheritances and move on with your life.

You seem to suggest that I am total bozo!
I have the letter from Action Fraud confirming exactly what I have posted... I have studied the The CPS charging sheet and the behaviour of which I have documentary proof on several counts more than qualifies for a prosecution. It is possible for civil and criminal proceedings.
The only reason the executors are treating me is this way is that I objected to them cheating me and stealing money from the estate. What would you say about executors using my dead mother’s bank card to systematically empty her bank accounts and not informing the banks until 6 months after she had died? They had no Grant of Probate during that period. It is pure and simple theft. Theft is a criminal offence. The criminal law does not pursue recovery of stolen or fraudulently obtained funds, but a crime is a crime and I do not understand why no action has been taken to remedy the criminal offences, when I have seen fraud between friends prosecuted for far less than I have lost. As a former Magistrate I have seen people prosecuted for a few hundred pounds - I am talking about thousands. 
They transferred the property to their own names and said they had purchased it - they hadn’t. They lied about the value. This issue is known as ‘Self Dealing’ and prohibited.
I have to say that your attitude is unhelpful in the extreme, and I have posted from utter despair. I did not expect to be caned by an overbearing supercilious member of the forum.

tacpot12

If a crime has been committed, and the Police will not deal with it you can either complain to the Police or you can mount a private prosecution. (You might use all of your inheritance doing this though, so it may be a well to just get on with your life and leave your criminal family members to enjoy their ill-gotten gains.) 

This link suggests that the indemnity being sought is normal: https://legalbeagles.info/forums/forum/legal-forums/wills-probate-and-bereavement/93750-indemnity-form-for-executor
However, you have your doubts about the integrity of the executors and hence I can see why you would be loath to accept liability for them not having wound up the estate correctly. 

If I were you, I would sign, assuming that they are happy with having your partner as a witness; I doubt they will be but you might also suggest that her witnessing your signature is videos and emailed to them (Smart Phones can be very handy at times like these).  I would then invest the money for the next 7 years or so, which allows time for any further claims on the estate to be come known. After that time, I think all claims would be statue barred, so you would be free to spend the money as you wish. I would take legal advice now on the specific question "Are their any claims that might arise on the estate that would have a time limit of greater than 6 years?"  If you have home insurance, you probably have legal expenses cover and can ask this question of your Legal Helpline. If you don't have such insurance, you will need to pay for a solicitor, and they may need to see a copy of the will - it would be reasonable for you to ask the executors for a copy of the will so you can take legal advice about indemnifying them. 

Manxman_in_exile

Make a complaint to the police regarding their inaction and copy in your elected Police and Crime Commisioner.  I think the complaints procedure changed a few years ago and you can now complain in the first instance direct to the Independent Office for Police Conduct (successor to the IPCC).  But as I understand it they simply refer it to your local constabularly anyway - so take your pick who you complain to first.

That letter from Action Fraud should assist in having your complaint taken more seriously, as should the fact you are a former magistrate.  (I know it shouldn't make any difference but I'm sure it does and it reinforces that your complaint isn't groundless.  I can't imagine why the police are not intersted in these slam-dunk cases).

Can you post up a redacted copy of or the text of the letter from AF?  I've a relative who is very unhappy with them and I'm curious to see what they've said in your case.

Re getting the legacy you are entitled to, I think I'd be inclined to follow the Which? advice.  I'm not absolutely certain but I'd be surprised if the executors can transfer responsibility for their errors or their third party liability to you, so the indemnity in that respect might be meaningless.  And surely they can't rely just on your signature (witnessed or not) to prevent you from or allow you to claim a legacy you are entitled to?  Wouldn't there have to be a DoV?

Oh - and complain about your previous solicitors to the SRA as well.  As a former magistrate don't you know any reliable lawyers?