Taking a Family Member to Court for Inheritance Fraud
Fraud in the Family – Alarm Signs
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"Cardiff court sentences 3 women for forging elderly man's will"
"Woman jailed for five years for defrauding elderly victim"
"Accountant forged his mother's volition"
Equally surprising as it may seem, all of these headlines accept appeared in the press inside just the last few weeks. Information technology forces you to question why people are prepared to chance their reputation and imprisonment for fraud. Are there any signs of wrongdoing and what tin can be done about it?
Beingness at the "sharp end" of estate and will disputes it is my firm belief that fraud involving wills, powers of attorney and property is on the increase. Indeed, if contempo headlines are anything to go by there is certainly anecdotal evidence to suggest this. Forging a will is a crime. Someone taking advantage of their position to transfer or receive assets which take been placed in trust will very frequently encounter them face criminal proceedings.
It is not my intention in this article to address the criminal law issues involved. This would be for a criminal law specialist. I am a civil lawyer who, for the past xiv years, has specialised in the investigation and resolving of disputes relating to the validity of a will or codicil, ability of attorney or where assets take been transferred by an elderly or infirm person. The growing "wealth gap" between the generations and the fact that people are living longer and developing conditions such as dementia are, in my view, factors that take contributed to the increase in fraud relating to holding and inheritance.
The aim of this short article is to highlight the signs that often precede a dispute and requite rise to suspicion, as well as to outline the steps that can be taken if a suspicion arises.
What are the signs?
In my feel family unit members often record that the elderly or infirm person became more "distant" in their later years. He or she may avoid discussion with members of the family who might be affected past any modify in their anticipated inheritance. The person concerned may show signs of isolation from family members, or increased dependency on certain family members, strangers or carers. The elderly or infirm person may also show signs of confusion, acrimony or despair but the cause may non immediately be credible.
Other signs are the transfer of assets, uncontrolled or unrestricted access to the person's bank, building lodge or savings accounts. Information technology may be the case that the person close to the elderly or infirm person shows signs of unexplained fiscal improvement. Another sign I accept often seen exhibited is a failure by the person trusted with looking after some other person's fiscal affairs to pay bills, for instance, care dwelling or nursing dwelling house fees.
Sometimes at that place are few signs and the person carrying out a fraud or seeking to gain an advantage may be taking careful and calculated steps.
If suspicions ascend then do not avert making discrete enquiries. You must however be very careful non to make unsubstantiated allegations or assertions equally this may result in the elderly or infirm person altering their inheritance provision out of business concern for the alleged perpetrator. If you have serious concerns so consider reporting the matter to the police or social services who can decide if the person is a vulnerable adult.
What practise you lot do if you suspect wrongdoing?
In add-on to the above options it is often a skilful idea to take early on legal advice. A skillful lawyer will exist able to carefully and constructively advise y'all and other concerned family members on what tin exist done to protect the elderly or infirm person and their estate. This might include placing a caveat at the probate registry in lodge to preclude the issue of a grant of probate or administration. The advice might suggest an application to the Court of Protection in order to seize back control of the vulnerable person's financial diplomacy, resolve welfare issues or recover avails or money transferred.
Is it possible to challenge the validity of a will or power of attorney and recover avails or money?
Whether it is possible or actually necessary to challenge the validity of a volition or power of chaser depends on the facts of each example. I have assisted a number of clients challenge the validity of a will and help resolve problems relating to the administration of an estate. I accept also helped resolve disputes or claims where a power of chaser has featured. There are positive and oft detached steps that can and ought to be taken in order to avoid an actual challenge or court dispute where a suspicion arises. This very often avoids the problem escalating out of control.
Resolving disputes involving misuse of funds or suspected fraud is non ever piece of cake. It may prove very expensive to establish wrongdoing and recover assets. Successfully challenging the validity of a will oft involves evidential and cost difficulties, equally does recovering avails or coin appropriated past the wrongdoer. Assets may have been dissipated past the time the fraud or wrongdoing has been identified and incommunicable to recover. Prevention and early intervention is most e'er better than the cure.
Applications to the Court of Protection have increased greatly in recent years a farther sign of the likely extent of the trouble. On residuum, trying to turn back the clock is very often incommunicable – even on the clearest of evidence. One added difficulty is that the person financially abused may have died or is incapable. The person under suspicion of wrongdoing will unremarkably be very focussed and prepared to avoid any personal criticism or a claim for recovery of money and assets.
Tony Pearce is the head of the contentious wills, trust and probate team at GA Solicitors in Plymouth. Tony is a full member of the Association of Contentious Trust and Probate Specialists and an affiliate member of the Lodge of Trust and Estate Practitioners (Footstep).
Tony Pearce, solicitor
Source: https://gasolicitors.com/blog/fraud-in-the-family-warning-signs/
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