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    • Valone
    • By Valone 29th Nov 17, 5:56 PM
    • 7Posts
    • 1Thanks
    Stolen Inheritance through legal loop hole
    • #1
    • 29th Nov 17, 5:56 PM
    Stolen Inheritance through legal loop hole 29th Nov 17 at 5:56 PM
    I'm new here and didn't know where else to seek advice.

    I think I've discovered a 'legal' way of stealing a child's inheritance.

    My two children from my previous marriage were left cheques for 3.5k & 2.5k when their paternal grandmother sadly passed away earlier this year.
    Their father lives 130 miles away from where I moved with the children and was given a cheque each, made out in my children's full names, and opened bank accounts for them in his home town. He opened 'trust' accounts with him having sole access to the cash.
    We have learnt today that both bank accounts have been emptied (history repeating itself as this is why I divorced him and moved away).
    Can this be legal? The children weren't present when the accounts were opened (they are 14 & 15 years old) and he simply had their birth certificates. There was no will leaving the money in 'trust' simply cheques made out in their names.
    Any advice or is it a case of the children just accepting that their father is lower than low?

    Many thanks,
Page 2
    • Valone
    • By Valone 30th Nov 17, 7:53 PM
    • 7 Posts
    • 1 Thanks
    His father (their grandfather) has now paid some money into my daughters account to try and make amends - no mention of anything for my son but I'm grateful to see that someone in his family has some values !!!55357;!!!56852;
    • cloud_dog
    • By cloud_dog 1st Dec 17, 11:06 AM
    • 3,687 Posts
    • 2,186 Thanks
    Don't go soft

    Request confirmation of when the childrens inheritance will be 'made good'. The fact that they (father/grandfather) have made a start shows they know the father is in the wrong.

    I think there has been some confusion over whether the father had a right to access the money etc etc, and I know one poster did clarify this but.... It appears from what you have said that he stole his/your children's money.

    It was gifted (given) to them, he was a trustee. Yes, he could have withdrawn the money to use for the benefit of the child(ren) but he does not appear to have done so.

    Advise him that if the inheritance is not made good you will have no other option than to go through the small claims court to recover the children's money. He would then have to prove that the withdrawals were for the benefit of the child(ren).

    The court fees aren't huge but need to be considered. You can request to recover the fees if you win.
    Personal Responsibility - Sad but True

    Sometimes.... I am like a dog with a bone
    • Mnd
    • By Mnd 1st Dec 17, 12:24 PM
    • 503 Posts
    • 607 Thanks
    My wife says we have executioners on our wills, perhaps she has a point........
    • Slinky
    • By Slinky 1st Dec 17, 12:34 PM
    • 5,196 Posts
    • 24,008 Thanks
    Has the card the father has been cancelled and his right to access the account stopped? Otherwise it's payday again for him.

    What a scummy thing to do.
    • badmemory
    • By badmemory 1st Dec 17, 1:18 PM
    • 1,612 Posts
    • 2,122 Thanks
    Whilst it isn't illegal, I think we all believe it should be, it certainly is immoral. But good for grandad, hope he's got his son's arm up his back for the rest whilst making a solicitor's appointment to change his will.
    • PeacefulWaters
    • By PeacefulWaters 1st Dec 17, 4:37 PM
    • 8,320 Posts
    • 10,638 Thanks
    Whilst it isn't illegal.
    Originally posted by badmemory
    What makes you think it is legal?
    • TheBanker
    • By TheBanker 3rd Dec 17, 8:23 AM
    • 618 Posts
    • 1,561 Thanks
    I think there might be a bit of confusion between the operation of the bank account and the trust.

    Was he entitled to withdraw the money from the bank account? Yes, I think so, as he is the authorised signatory and trustee, so nothing illegal about withdrawing the money. He could have been withdrawing for the benefit of the child(ren).

    Was he entitled to use that money for his own benefit? This is unlikely. I think this is a straight forward case of Theft (dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it).

    Do not focus on the bank account but on the fact that the money has been stolen. I think the Police should be asked to investigate this as it appears on the face of it that a crime has occurred. Whether the police will be keen to commit resources to this is another matter.

    I would suggest that rather than asking a friend in the police, you would be better to call 101 to report the crime, so there is an official record.
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