Inheritance Hidden From Me By Family Members

JJWSJS8700

Ty66ty said:

Good evening all,

I hope you're all well?

I'll try to keep this as brief as I can. But as with such matters they can be lengthy!

My nan died nearly 20 years ago. Until recently I had always believed that nobody in my immediate family received any type of inheritance. It all went to a distant relative who lives abroad.

My father and only brother do not and have never had a good relationship with me. My brother and father do. In the last few months I gave up trying to build a relationship with them and told them I had, had enough and it was best we had no further contact. In the fall out my brother mentioned money he had received from our nan in her will. At the time I thought it was an accidental. Now I suspect it might be have been deliberate.

As I said, I've always thought nobody in my family received any inheritance. I have always said this and it has always been confirmed back to me by family members. After the WhatsApp message from my brother I obtained a copy of the will. In it my brother and I had both been given £5000 each.

As you can imagine this has just poured more fuel on the fire. My brother is telling me I have received the money and forgotten. My dad is telling me he always thought nobody got anything. Even now I'm hoping I've forgotten because it's the easiest option to deal with. But I know I haven't for many reasons I won't bore you with.

I've obviously contacted the solicitor who dealt with the will. I have spoken with him twice. He's making all the right noises in sympathetic terms but is clearly miss leading me. In the first conversation I explained the situation. He's said after all this time all he has is a spreadsheet. The spreadsheet lists a payment to me, my brother and the main beneficiary. He can't tell me definitely but it is likely me and my brother were paid by cheque. The main beneficiary was most likely paid by bank transfer. He can't say whether the cheques were cashed or not. But suspects they were because they had systems in place. He said nothing more can be done because his accounts only go back 6 years as do banks. I have since found out from a bank employee that they hold records over 6 years.

In the second conversation he said very similar. But changed tact to say that a statute of limitations comes into effect on any claims after 6 years. I've since learnt this applies from the time it is reasonable for the claimant to have learnt of the fraud. So, again he is misleading me.


I'm assuming he has just sent the cheques to the address on the will. IF my cheque wasn't cashed the follow up procedure would have been to send further letters to the same address. At the time of my name death I did not live at that address. My dad and brother still did. So any mail I should have received could have very easily been hidden from me. If the only communication was by letter and they were being kept from me how would I have known?

At the time my mother and I were not speaking. We didn't for 14 years. But do now. At the time my mother and father were recently divorced and not on good terms. Without doubt my brother has hidden the inheritance from me. It is highly likely my dad is involved. I also have very good reason to suspect my dad cashed my inheritance cheque through a joint account he had with my mum. We both have the same first initial and obviously the same surname.

As you can imagine this stings a little bit. I knew my relationship with my brother and father wasn't great. But I would have never suspected this. Basically I'm asking how best to proceed? It's not a lot of money but as I'm sure you can appreciate this isn't about the money. I'm assuming the solicitor hasn't followed his 'due diligence' Therefore there might be repercussions for him there? As well as having to pay back £5000 with 20 years of interest. So he will resist all the way. I'm under no illusions about how difficult this will make things. Ideally I'd like to see some form of criminal proceedings against my dad and brother but from my research I understand this is highly unlikely.

First and foremost is tracing if the cheque was cashed and into which account. Can I make a complaint against the solicitor with some form of regulatory body to force him into that? Can I start any form of criminal or civil proceedings against my dad and brother if it was cashed and not to me? Any advice in how best to proceed will be greatly received.

Solicitors do keep wills and paperwork from 20yrs ago, even thought they might tell you they don’t, as they did me.

£5000 is worth chasing, any amount of inheritance is worth chasing. £5k plus interest is s lot of money.

The bank can give you records of your bank transactions from 20 years ago, I’ve just done it plus £100 comp for taking 4 weeks.  Ask your mother to get s copy of hers for the joint bank account he was keeping open.

You would, anyone would remember, if they received £5k 20 years ago left by a family member after death.

He LeO and SRA will defend to the last for the solicitor if he HAS carried out his duties correctly, then tell you to take your father/brother to court, long, long process.

Ty66ty

Than you all for your replies.

From a quick bit of googling there's a widely accepted rate of 8% on unpaid debt. So the 5k now becomes just under 13k with interest. But as I said earlier it has nothing to do with the money and I'm as poor as they come. 

Over the last few days I've learnt it was my brother and mother. Possibly my dad knew. I don't know. Perhaps I'm being very naive. But my own mother! It's not the money. It's the spite behind it especially with the family history which I won't bore you with.

There's a lot of food for thought and things I wouldn't have thought of in your replies. Thank you for taking the time to reply. I know the likelihood of getting anywhere is very slim. But I'm going to give it my best shot regardless.

Marcon

JJWSJS8700 said:

Solicitors do keep wills and paperwork from 20yrs ago, even thought they might tell you they don’t, as they did me.

Not necessarily. Have you actually read the Law Society Practice Note on the subject?

£5000 is worth chasing, any amount of inheritance is worth chasing. £5k plus interest is s lot of money.

The bank can give you records of your bank transactions from 20 years ago, I’ve just done it plus £100 comp for taking 4 weeks.  Ask your mother to get s copy of hers for the joint bank account he was keeping open.

Why would OP's mother agree to do so?

You would, anyone would remember, if they received £5k 20 years ago left by a family member after death.

Not so. There are plenty of instances where people have 'forgotten' much more!

He LeO and SRA will defend to the last for the solicitor if he HAS carried out his duties correctly, then tell you to take your father/brother to court, long, long process.

Which is precisely what is likely to happen, given that there is no evidence of wrongdoing by the solicitor

Please see comments in bold above.

tooldle

Another option for you to consider. The cheque was paid into your account by a family member. 
Of course if you and your parent have the same initial and same surname, it is also conceivable a genuine error occurred. I'm sitting on a cheque at the moment made out to initial and surname. The letter with said cheque is addressed to initial and surname. If there were two persons in my house with same initial and surname, I can see the potential for an error to occur. In times of great stress, people aren't always thinking clearly.

JJWSJS8700

tooldle said:

Another option for you to consider. The cheque was paid into your account by a family member. 
Of course if you and your parent have the same initial and same surname, it is also conceivable a genuine error occurred. I'm sitting on a cheque at the moment made out to initial and surname. The letter with said cheque is addressed to initial and surname. If there were two persons in my house with same initial and surname, I can see the potential for an error to occur. In times of great stress, people aren't always thinking clearly.

No because the will will list the relationship of the beneficiary, along with forename including initials.

tooldle

JJWSJS8700 said:

tooldle said:

Another option for you to consider. The cheque was paid into your account by a family member. 
Of course if you and your parent have the same initial and same surname, it is also conceivable a genuine error occurred. I'm sitting on a cheque at the moment made out to initial and surname. The letter with said cheque is addressed to initial and surname. If there were two persons in my house with same initial and surname, I can see the potential for an error to occur. In times of great stress, people aren't always thinking clearly.

No because the will will list the relationship of the beneficiary, along with forename including initials.

The OP has already suggested his father paid the cheque into a joint account held with the OP's mother, based on the fact that OP and his mum share the same initial and surname. I've widened this 'allegation' demonstrating that equally it could be OP's mum who received (open the letter in error) and banked the cheque. 

Edited to add my own experience in handling an inheritance for a family member. When that cheque arrived, there was enclosed and acknowledgement form for me to sign and return, confirming the monies had been received and my agreement to the amounts. 

lincroft1710

My bank account is "J J Lincroft" (not my real initials!).  Even though my name is"John Joseph", if a cheque intended for "Julia Jane Lincroft" was made out to "J J Lincroft", I could very easily pay it into my account. Very easy for the mother to have committed fraud (no accusation, just saying it was possible).

lincroft1710

JJWSJS8700 said:

Ty66ty said:

Good evening all,

I hope you're all well?

I'll try to keep this as brief as I can. But as with such matters they can be lengthy!

My nan died nearly 20 years ago. Until recently I had always believed that nobody in my immediate family received any type of inheritance. It all went to a distant relative who lives abroad.

My father and only brother do not and have never had a good relationship with me. My brother and father do. In the last few months I gave up trying to build a relationship with them and told them I had, had enough and it was best we had no further contact. In the fall out my brother mentioned money he had received from our nan in her will. At the time I thought it was an accidental. Now I suspect it might be have been deliberate.

As I said, I've always thought nobody in my family received any inheritance. I have always said this and it has always been confirmed back to me by family members. After the WhatsApp message from my brother I obtained a copy of the will. In it my brother and I had both been given £5000 each.

As you can imagine this has just poured more fuel on the fire. My brother is telling me I have received the money and forgotten. My dad is telling me he always thought nobody got anything. Even now I'm hoping I've forgotten because it's the easiest option to deal with. But I know I haven't for many reasons I won't bore you with.

I've obviously contacted the solicitor who dealt with the will. I have spoken with him twice. He's making all the right noises in sympathetic terms but is clearly miss leading me. In the first conversation I explained the situation. He's said after all this time all he has is a spreadsheet. The spreadsheet lists a payment to me, my brother and the main beneficiary. He can't tell me definitely but it is likely me and my brother were paid by cheque. The main beneficiary was most likely paid by bank transfer. He can't say whether the cheques were cashed or not. But suspects they were because they had systems in place. He said nothing more can be done because his accounts only go back 6 years as do banks. I have since found out from a bank employee that they hold records over 6 years.

In the second conversation he said very similar. But changed tact to say that a statute of limitations comes into effect on any claims after 6 years. I've since learnt this applies from the time it is reasonable for the claimant to have learnt of the fraud. So, again he is misleading me.


I'm assuming he has just sent the cheques to the address on the will. IF my cheque wasn't cashed the follow up procedure would have been to send further letters to the same address. At the time of my name death I did not live at that address. My dad and brother still did. So any mail I should have received could have very easily been hidden from me. If the only communication was by letter and they were being kept from me how would I have known?

At the time my mother and I were not speaking. We didn't for 14 years. But do now. At the time my mother and father were recently divorced and not on good terms. Without doubt my brother has hidden the inheritance from me. It is highly likely my dad is involved. I also have very good reason to suspect my dad cashed my inheritance cheque through a joint account he had with my mum. We both have the same first initial and obviously the same surname.

As you can imagine this stings a little bit. I knew my relationship with my brother and father wasn't great. But I would have never suspected this. Basically I'm asking how best to proceed? It's not a lot of money but as I'm sure you can appreciate this isn't about the money. I'm assuming the solicitor hasn't followed his 'due diligence' Therefore there might be repercussions for him there? As well as having to pay back £5000 with 20 years of interest. So he will resist all the way. I'm under no illusions about how difficult this will make things. Ideally I'd like to see some form of criminal proceedings against my dad and brother but from my research I understand this is highly unlikely.

First and foremost is tracing if the cheque was cashed and into which account. Can I make a complaint against the solicitor with some form of regulatory body to force him into that? Can I start any form of criminal or civil proceedings against my dad and brother if it was cashed and not to me? Any advice in how best to proceed will be greatly received.

Solicitors do keep wills and paperwork from 20yrs ago, even thought they might tell you they don’t, as they did me.

Even if such paperwork had been kept, it wouldn't be difficult for it to "disappear". Again no accusation, just saying it is possible.

tooldle

Given the cost involved in archiving paperwork, either  as paper or digital material, most organisations will put a destruction date on their records. The solicitor saying the material is no longer available is credible. 

Banks used to keep all cheques from their own accounts, not sure how long for. 

If it is not an impolite question, how old were you (OP) when the cheque was issued? 

Frogletina

JJWSJS8700 said:

Ty66ty said:

Good evening all,

I hope you're all well?

I'll try to keep this as brief as I can. But as with such matters they can be lengthy!

My nan died nearly 20 years ago. Until recently I had always believed that nobody in my immediate family received any type of inheritance. It all went to a distant relative who lives abroad.

My father and only brother do not and have never had a good relationship with me. My brother and father do. In the last few months I gave up trying to build a relationship with them and told them I had, had enough and it was best we had no further contact. In the fall out my brother mentioned money he had received from our nan in her will. At the time I thought it was an accidental. Now I suspect it might be have been deliberate.

As I said, I've always thought nobody in my family received any inheritance. I have always said this and it has always been confirmed back to me by family members. After the WhatsApp message from my brother I obtained a copy of the will. In it my brother and I had both been given £5000 each.

As you can imagine this has just poured more fuel on the fire. My brother is telling me I have received the money and forgotten. My dad is telling me he always thought nobody got anything. Even now I'm hoping I've forgotten because it's the easiest option to deal with. But I know I haven't for many reasons I won't bore you with.

I've obviously contacted the solicitor who dealt with the will. I have spoken with him twice. He's making all the right noises in sympathetic terms but is clearly miss leading me. In the first conversation I explained the situation. He's said after all this time all he has is a spreadsheet. The spreadsheet lists a payment to me, my brother and the main beneficiary. He can't tell me definitely but it is likely me and my brother were paid by cheque. The main beneficiary was most likely paid by bank transfer. He can't say whether the cheques were cashed or not. But suspects they were because they had systems in place. He said nothing more can be done because his accounts only go back 6 years as do banks. I have since found out from a bank employee that they hold records over 6 years.

In the second conversation he said very similar. But changed tact to say that a statute of limitations comes into effect on any claims after 6 years. I've since learnt this applies from the time it is reasonable for the claimant to have learnt of the fraud. So, again he is misleading me.


I'm assuming he has just sent the cheques to the address on the will. IF my cheque wasn't cashed the follow up procedure would have been to send further letters to the same address. At the time of my name death I did not live at that address. My dad and brother still did. So any mail I should have received could have very easily been hidden from me. If the only communication was by letter and they were being kept from me how would I have known?

At the time my mother and I were not speaking. We didn't for 14 years. But do now. At the time my mother and father were recently divorced and not on good terms. Without doubt my brother has hidden the inheritance from me. It is highly likely my dad is involved. I also have very good reason to suspect my dad cashed my inheritance cheque through a joint account he had with my mum. We both have the same first initial and obviously the same surname.

As you can imagine this stings a little bit. I knew my relationship with my brother and father wasn't great. But I would have never suspected this. Basically I'm asking how best to proceed? It's not a lot of money but as I'm sure you can appreciate this isn't about the money. I'm assuming the solicitor hasn't followed his 'due diligence' Therefore there might be repercussions for him there? As well as having to pay back £5000 with 20 years of interest. So he will resist all the way. I'm under no illusions about how difficult this will make things. Ideally I'd like to see some form of criminal proceedings against my dad and brother but from my research I understand this is highly unlikely.

First and foremost is tracing if the cheque was cashed and into which account. Can I make a complaint against the solicitor with some form of regulatory body to force him into that? Can I start any form of criminal or civil proceedings against my dad and brother if it was cashed and not to me? Any advice in how best to proceed will be greatly received.

Solicitors do keep wills and paperwork from 20yrs ago, even thought they might tell you they don’t, as they did me.

  

When I was dealing with probate I found a letter saying that it would cost £50 to obtain all archived paperwork and that it would be destroyed within 7 years unless requested. I thought it was strange especially if it might have contained a will.

I did ask for then to look for a will within that paperwork, and they couldn't find one.