Joint Executor Is It Civil or Criminal?

AB911

In short, I’m joint executor of our parents Last Will and Testament along with my only sibling. Albeit I’ve been working and living abroad for the past 10 years.

Dad passed away six years ago, Mum last year. Since which, I have discovered my sibling has been transferring funds from our mother’s bank account into her own account, to the tune of £150,000. I have also learnt that after Dad’s death my sibling tried to have me removed as joint executor, and from the Will in its entirety. Hence, she would have inherited everything. Only through the foresight of our father transferring ownership of the family home into both our names before he died, did I get half the money from the sale of the house.

Since Dad passed away my sister has been emptying Mum’s bank account, and has been in receipt of housing & council tax benefit, and universal credit throughout. She’s even had the £20 a week uplift payments during the pandemic, And had the gall to moan when that stopped.

Through my own solicitor back in the UK, I’ve been told there is nothing I can legally do and even the British police have told me it’s a civil matter between her and I.

Is this correct? 

Nearlyold

It's a little unclear, was this money moved from your Mum's account before or after she passed away. If before,  was your mum transferring the money herself or was your sister purporting to be your mother and moving it, or was there a Power of Attorney in play? 

AB911

No Power of Attorney. Majority of the money whilst Mum was alive. Sister was still taking money out of the account three months after Mum died.

Mum was the sort that throughout our lives what she gave one, she gave the other equally.

bobster2

AB911 said:

In short, I’m joint executor of our parents Last Will and Testament along with my only sibling. Albeit I’ve been working and living abroad for the past 10 years.

Dad passed away six years ago, Mum last year. Since which, I have discovered my sibling has been transferring funds from our mother’s bank account into her own account, to the tune of £150,000. I have also learnt that after Dad’s death my sibling tried to have me removed as joint executor, and from the Will in its entirety. Hence, she would have inherited everything. Only through the foresight of our father transferring ownership of the family home into both our names before he died, did I get half the money from the sale of the house.

Since Dad passed away my sister has been emptying Mum’s bank account, and has been in receipt of housing & council tax benefit, and universal credit throughout. She’s even had the £20 a week uplift payments during the pandemic, And had the gall to moan when that stopped.

Through my own solicitor back in the UK, I’ve been told there is nothing I can legally do and even the British police have told me it’s a civil matter between her and I.

Is this correct? 

First of all it is important to bear in mind that couples don't have a joint will - so each of your parents would have had a will and an estate that needed to be administered.

By "tried to have me removed as joint executor" I assume you mean she tried to persuade your mother to remove you as an executor from her will?

You say "tried" which sounds like she was unsuccessful - so you and your sister are both currently executors for your mothers estate? And has probate been obtained? And what does your mother's will say about beneficiaries?

Keep_pedalling

Why haven't frozen the account? 

msb1234

when your mum died, as executor did you not think to inform the bank?

AB911

msb1234 said:

when your mum died, as executor did you not think to inform the bank?

With me being on a different continent my sister said she would see to things like insurance and informing the appropriate authorities.

AB911

bobster2 said:

AB911 said:

In short, I’m joint executor of our parents Last Will and Testament along with my only sibling. Albeit I’ve been working and living abroad for the past 10 years.

Dad passed away six years ago, Mum last year. Since which, I have discovered my sibling has been transferring funds from our mother’s bank account into her own account, to the tune of £150,000. I have also learnt that after Dad’s death my sibling tried to have me removed as joint executor, and from the Will in its entirety. Hence, she would have inherited everything. Only through the foresight of our father transferring ownership of the family home into both our names before he died, did I get half the money from the sale of the house.

Since Dad passed away my sister has been emptying Mum’s bank account, and has been in receipt of housing & council tax benefit, and universal credit throughout. She’s even had the £20 a week uplift payments during the pandemic, And had the gall to moan when that stopped.

Through my own solicitor back in the UK, I’ve been told there is nothing I can legally do and even the British police have told me it’s a civil matter between her and I.

Is this correct? 

First of all it is important to bear in mind that couples don't have a joint will - so each of your parents would have had a will and an estate that needed to be administered.

By "tried to have me removed as joint executor" I assume you mean she tried to persuade your mother to remove you as an executor from her will?

You say "tried" which sounds like she was unsuccessful - so you and your sister are both currently executors for your mothers estate? And has probate been obtained? And what does your mother's will say about beneficiaries?

Yes, my sister tried persuading Mum into removing me as an executor and looked at having me removed as joint owner of the house. However, as this was part of Dad’s Will and he was deceased it couldn’t be altered.

elsien

What did your mum’s will say? If your dad died 6 years ago was his will fully executed? 

Administering a will is a civil matter. 

Did your mum have financial capacity until she passed away because proving she didn’t gift. the money could be incredibly difficult to prove. 

 There is always the option of reporting your sister to DWP for fraud - that will get her investigated but it won’t get you your share back, so you need to be clear on what it is that you want to achieve? 

AB911

I just want to know if taking all that money, (a couple of thousand at a time) sometimes two or three times a day is criminal or not? Even her partner’s name is on bank statements, taking £200 here and £500 there.

Not sure Mum had a Will, I just took it that it was a joint Will.

bobster2

AB911 said:

I just want to know if taking all that money, (a couple of thousand at a time) sometimes two or three times a day is criminal or not? Even her partner’s name is on bank statements, taking £200 here and £500 there.

Not sure Mum had a Will, I just took it that it was a joint Will.

When it comes to taking money from your mother's bank account when she was alive - this is nothing to do with being an executor. If she did not have your mother's permission to take the money - then that could simply be theft which is criminal. However, determining whether she had your mother's permission or not could be tricky (i.e. whether or not this money was gifted to her).

But what do you mean "partner's name is on bank statements"? Whose partner? 

Couples can't have a "joint will". You mother must have an estate which needs to be administered - and she may have a will that specifies how assets or to be distributed and who the executors are.