A close relative of mine has made my 76 year old mum hand over her life savings (£244,000) by saying they want her money now rather than wait till she is dead (even though they were not in line to inherit). My mum thought they were going to look after her in her old-age because she does not want to go into an old people's home. She also wanted to make use of the money rather than see it go in inheritance tax. The person who has now received it, plans to leave the country. The money was supposed to be spent on helping that person's children but those poor children are also being dumped!
What can I do?
2007-02-02 20:26:05 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I think so long as your mum says she did not understand what she was doing and she was under duress then the Police should be able to take some kind of action if not you could take civil action but you need to move fast by the sounds of it
2007-02-02 20:32:58 · answer #1 · answered by cliffhanger 4 · 2⤊ 1⤋
Hi, Jillion,
If you are in the UK.
There may be a case here for obtaining funds by deception. The difficulty is proving it in a court of law, especially against a family member.
Their defence will be that the money was a gift. It is a matter of showing the intent of the person who received the money.
You need to see what the police have to say.
You need to get the money frozen, so it cannot be used. You will need a court order to do that.
The other way to get the money back is to try to establish that a trust was formed and that the relative was acting as the trustee. It might be possible to show a constructive trust because of the intentions of the person who handed over the money.
To try to show this you will need to talk to a solicitor who is an equity and trusts specialist.
I hope this is of some help.
Good luck
2007-02-02 22:34:14 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
First inclination is to break legs etc. but more constructively you and more importantly your mother must report this to the police without delay, I don't think this is Fraud but it sounds very much like obtaining money by deception, a lesser but still criminal offence.
Talk to the police first to see if the money can be secestrated (frozen) by them but I believe you will need a solicitor to commence proceedings in the high court for recovery.
Secestration means that the money will be held, effectively by the court, pending the outcome of the action with NEITHER party having access to it.
Hopefully the threat of criminal and civil proceedings may prompt your relative to return the money, if not you surely have a good case in law unless your mother has signed anything or agreed this was a gift in front of witnesses.
2007-02-02 20:47:50 · answer #3 · answered by streetblitzer 3 · 1⤊ 0⤋
How awful!!! Where were the rest of the family when this was taking place??? Did somebody not know about it??? Yes it is fraud. Money stolen under false pretenses. And it is not a small amount. Somebody needs to step up and support your mother here. You need an attorney - or solicitor as they say in Britian!!! And you need to act fast before they leave the country and are never heard from again!!! You need to call a family meeting. You need to discuss this. Maybe everyone can chip in and pay for the solicitor. Good luck!!
2007-02-02 20:34:42 · answer #4 · answered by monkey 3 · 1⤊ 0⤋
You can get an injunction to keep the person from leaving the country, and to freeze the funds in question. What happens then is a legal action called an interpleader where a judge reviews the claims of the respective parties and rules on the issue of who the grandmother wanted to have the funds. My guess is that undue influence would be found, and the transfer negated.
2007-02-02 20:34:32 · answer #5 · answered by Jeffrey V 4 · 0⤊ 0⤋
I don't know what you are getting at, was this person caring for her more than you, and if so is that how they managed to get their hands on her money. Just goes to show that money is the root of all evil, having too little is just as bad as having too much, and if you havn't got love you have nothing, money will not take care of you it only gives you the means then your in the lap of the gods. Hope it gets sorted to everyones satisfaction and even if your mother has no money she will still have loved ones who will care for her now that she has nothing. As to the swindler, will that money bring happyness or misery?
2007-02-02 20:44:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Go to the police if they wont help go to citizens advice or phone Help the aged they must hear stories like this all the time
I think its disgusting they way people behave
Seek advice soon before this person leaves the country
Good Luck
2007-02-02 21:00:27 · answer #7 · answered by Black Orchid 7 · 1⤊ 0⤋
short answer if you mum was forced to hand over the money or was cinfused in to what she was giving the money for and if you have proof not speculation then you can go to your local police where they will investigate and prosecute if there is evidence.
if there is no evidence then you may not be able to take any legal action.
phone your local police station or go in and speak to someone in detail. if they think there is a case they will tell you and take a written statement and they will then want to talk to your mom for her version of events.
good luck.
2007-02-02 20:44:47 · answer #8 · answered by Anonymous · 0⤊ 0⤋
probably fraud but so what. regardless she is going into an old persons home. if she has cash she has to pay for it. if or when she is out of money the government pays for it....somebody else's inheritance tax will go to pay for nursing home. like I said so what...
2007-02-03 04:27:06 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get a solicitor on the case. This could not possibly be classed as a gift
2007-02-02 20:30:57 · answer #10 · answered by Angelfish 6 · 1⤊ 0⤋