Misappropriation of estate

Savvy_Sue

Ganga said:

bobster2 said:

A court may conclude that the OP did in fact receive the appropriate share of the estate plus a load more (that should have gone to other beneficiaries) and that the OP was at fault for giving it away.

Or believe the truth that his conniving mother gave him the money that he believed in good faith was his inheritance then took it back ,he had not seen the will at this time so believed what they were told to be the truth.

Either is possible, nothing is certain, BUT even if the court does believe the OP, then the other two beneficiaries were deprived of part of their inheritance. And if Mother no longer has that £208,000 easily available, none of them are any better off. 

So, how likely is it that someone

• who is prepared to deprive others of their inheritance

• will have kept such large sums easily available in case anyone notices and asks for their share

• and will now politely hand it over when asked?

I say again, if the OP has moved on from this toxic and destructive relationship, they may be far better off in every way except financially if they just leave this. If the other two beneficiaries wish to do something about it, that's their call. 

It's not fair, it's not just, it's not right, but it may be the best - the most sensible - thing to do. 

Spendless

I'm sorry to hear you've been manipulated. It wasn't sensible thing to do cut one of their children out of a will and also make them the executor of it. (sole executor?? )  Unless they were leaving them out for a reason such as they were already very wealthy and it was felt other family members 'needed' the money more. I'm intrigued as to why this was done because as you've discovered it left it wide open to not doing things correctly.

I agree that you're probably going to get nowhere persuading this, I should imagine the money is long spent. 

elsien

Sea_Shell said:

Savvy_Sue said:

Sadly I think if you try to do anything there are real risks. All three beneficiaries have a claim against your mother: she gave you more than you were entitled to and then lied to have it back from you, but she gave them less than she should have done. 

If you were going to do anything, it would be better for all three of you to pursue it. 

But realistically, would you get anywhere? Is there any money left for your mother to redistribute? And it runs the risk of the other two claiming against you, because you did receive more than you were entitled to, even though your mother conned it out of you. 

You'd need a solicitor specialising in contentious probate, I believe, and they don't come cheap. 

Good point!      They could claim that you did in fact receive this money when you shouldn't have, and effectively giving it away (to anyone) is no defence to giving it back, even if you no longer having the money. 

Tread VERY carefully, and not without proper legal advice. 

I  agree with the point about proper legal advice, but surely the responsibility is down to the executor to get it right and they are the ones personally liable if they haven’t done it properly?

born_again

elsien said:

I  agree with the point about proper legal advice, but surely the responsibility is down to the executor to get it right and they are the ones personally liable if they haven’t done it properly?

They are.
But the issue is going to be the cost of the action & if the mother actually has any funds left.

I guess if all the beneficiaries got together & went to see the mother, with the threat of court action she might decide to part with some cash, but it depends on what's left. As well as the other beneficiaries not thinking that Op was in on the fiddle.

You have to feel for people in these situations. As the only legal way is so expensive that it more of a matter of principle, than to get the money back. As the only real winners are the lawyers.

diystarter7

elsien said:

Sea_Shell said:

Savvy_Sue said:

Sadly I think if you try to do anything there are real risks. All three beneficiaries have a claim against your mother: she gave you more than you were entitled to and then lied to have it back from you, but she gave them less than she should have done. 

If you were going to do anything, it would be better for all three of you to pursue it. 

But realistically, would you get anywhere? Is there any money left for your mother to redistribute? And it runs the risk of the other two claiming against you, because you did receive more than you were entitled to, even though your mother conned it out of you. 

You'd need a solicitor specialising in contentious probate, I believe, and they don't come cheap. 

Good point!      They could claim that you did in fact receive this money when you shouldn't have, and effectively giving it away (to anyone) is no defence to giving it back, even if you no longer having the money. 

Tread VERY carefully, and not without proper legal advice. 

I  agree with the point about proper legal advice, but surely the responsibility is down to the executor to get it right and they are the ones personally liable if they haven’t done it properly?

Hi

As others have said, this is a very complex situation and nothing other than proper legal advice is the only way forward.

Thnaks