Is it Fraud? Advice needed

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  • Mr.Generous
    Mr.Generous Posts: 3,377 Forumite
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    I would say from a similar experience expect no help, support or co-operation from the police, the OPG, the banks or anyone else. Basically even with a POA in place my Dad was fleeced. Even his own solicitor just added his bill into the mix rather than actually try and do anything.
  • Yorkshireman99
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    According to the opening post there was a Will and the alleged thief is the sole surviving executor.
    In which case what is to be gained by pursuing the matter? Nobody has lost out.
  • noh
    noh Posts: 5,799 Forumite
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    In which case what is to be gained by pursuing the matter? Nobody has lost out.

    He is the sole executor but not the sole beneficiary so others have lost out.
  • Yorkshireman99
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    noh wrote: »
    He is the sole executor but not the sole beneficiary so others have lost out.
    Apologies my mistake. However the chances of recovering anything are close to nil.
  • jcontest
    jcontest Posts: 223 Forumite
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    edited 13 February 2019 at 4:30PM
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    I am (somewhat) on the other side of a case like this.


    We had POA over my in-laws, there were instructions to basically make sure all of his monthly income was blown so that their savings limits never go high enough to cause social assessments to take place. Looking at it (after in-law passed) was a little shocking to me. Lots of cash each year that was really burned on useless stuff or gifts just so they could keep getting freebies. The Financial POA had never been actioned at the banks so our names were on nothing at the time of death. Upon the death of the one person then there was a "financial change" and then the council forced a review. Basically now the council takes a large percentage of the pension from the surviving spouse and many of the other benefits have now been removed.


    Move forward a few months and there is a whole section of family that were getting a large chunk of tens of thousands a year (we are not real sure of the exact amount) and now they are wondering why they are no longer receiving these cash gifts. As we are the POA for the surviving spouse and we were also the executor of the will then most of that side of the family is making assumptions that we are "stealing" the money now. My Daughter got £50 on her birthday from us, and a few hateful text from others asking if she is enjoying the £10,000 she got for her birthday (boy do I wish lol)...



    Going by what you have said then it does sound like the other person may have been taking advantage. But it also sounds like the other person lived in the house and had daily access to everything. Then the hospital trouble began and others got involved, from there it ran out of control. So it is one of those things that's really difficult to deal with. I do know that often family members tend to show up around the time of death or illness and start looking for what is theirs. Not saying you did that, or the other person.


    If your elderly relative had a shared bank account with the person who took this money then you probably have little recourse.


    It's hard for you to know what the elderly person did or did not agree to. The fact that the person was the Executor of the will show show that there was either a major mistake made long ago, or that the relative did have trust in that person. The Executor should have filed for probate, that makes the will public. If no Probate was filed (if there were no assets) then the will will remain private and your honestly stuck without legal action. If you are named in the will at all, or anyone else is, then you can force a viewing of the will. If the Executor is trying to block this then they will be the one who incurs the court fee's (tho your solicitor will probably want you to pay).


    Just curious here. Who took care of the funeral cost?
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