BIL taken £30k withdrew money as mum was dying

[Apolloboy]

MIL admitted to hospital palliative care & died. My alcoholic BIL withdrew via bank transfer to his account £30k from her account just before she passed. He says that she agreed this! Whilst she WAS coherent I don’t believe that...I don’t believe she would favour him... he was caught stealing £18k from her before via bank transfers & at her request we helped her change her accounts... she was very generous to her 3 dgc ( two of his & one ours). Her will reads half each to both sons.
She & I had many conversations regarding how she wanted her grandchildren to use her inheritance on property ladder/university fees.
He says it’s his word against ours & nothing we can do as she was ALIVE at the time he took it. Callous & causing added pain... trying hard to organise celebration of her life but his behaviour is causing chaos.
What can we do legally?

Depending on who is executor and size of estate, could you just mentally throw it into the estate when dividing by 2. So provided there is at least another 30k it can be handled?

I think you need to seek legal advice. He sounds awful.

I imagine the executor of the estate could consider any withdrawals or gifts done in the days prior to death as part of the settlement. So just subtract that from his inheritance. He could challenge of course, but it wouldn’t necessarily go in his favor.

I would call the police.

Bloody hell! What a nightmare.
I have no legal training, but am in the situation whereby my siblings and I have been helping and supporting my dad in his affairs, as he has become less efficient. He trusted us implicitly to do his on-line banking for him, and we cleared every transaction with him and flagged it all up to each other too.
We then got official Power of Attorney, and in the process of doing so, my sister happened to mention to the bank clerk that we had access to his accounts anyway, unofficially, and he almost threw a fit! He said he was going to pretend he hadn't heard that, and to get the forms through asap and do it through the proper channels.
So, it clearly can't be legal/proper that your brother removed that money, unless he had PoA. Did he?

I would also call the police. And contact the bank. Did he have Power of Attorney?

1. What does her will say?
2. Depending on the value of the estate any gifts within 7 years of death are part of the estate. So unless she has left him at least £30k he will have to pay it back to the executors.

Any large sum or substantial gift from a person 3 years (I think) prior to death, must be taken into account of a will settlement for tax purposes.

It's to stop an elderly person giving everything over to someone before they die as a way of avoiding tax.

So you'll have to include this money, and the other 18k "stolen" if it was within the last three years when calculating the will and it'll all have to be declared to the probate solicitor.

The bank will regard this as fraud as he can’t just transfer funds himself, and if you can prove she was in hospital or bedridden at the time of transfer then it proves he removed the funds which he cannot legally do.

Lostin Are you sure? I thought that was just for IHT purposes.

Wow 😱 what a grade A c*nt! You need to tell the bank sgraight away as technically that's theft! It's down to the legal next of kin or executor of the will (if she had one) to handle this. You should also get legal advise ASAP before he hides/pisses it down the drain! Sadly its when someone dies that people show their true colours

Did he have Power of attorney?

If he didn't then transferring money to himself from her account via online banking constitutes theft and even if he did is dodgy as....

Call the police, it’s theft.

You need to seek legal advice and get police involved.

Isn't it illegal to withdraw money from somebody's account without their permission? Particularly if the person was in hospital & unable to give their consent.

it won't affect inheritance tax unless your mother was quite wealthy.

It won't be worth taking legal action against him. If you really think he has stolen the money, report it to the police.

Was your mil competent, (ie not suffering with dementia/confusion). What does you other half want to do.

Alternatively, assuming her children share everything equally then its costing you a fraction of £30k. Infuriating, but bearable. Accept it, and go no contact.

I'd report it to the police, too. What a disgusting man to do that to his dying mother.

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Call the police.

I would call the police.

This. If you don't it will be hard to get a legal resolution. Maybe give him one last chance to return the money but make the timescale very short- an hour to return the funds before you phone the police.

How did he get access to her accounts?

Involve the police, did he steal her bank details?

Contact the bank and the police. It’s fraud, even if she was alive, she will have had to provide documents or signatures for him specifically, to withdraw anything! I suspect he’s done it online, still fraud and an offence.
I would contact the above, get the info and details then speak to him. If he rectifies the withdrawal, fine. Let things drop. If not, take to the police and banking ombudsman.

Sorry to hear this has happened at a time when you are grieving your loss x

God, how awful.

You need legally informed advice, which I cannot supply, but I would be surprised if the hcps providing palliative care considered her to have full capacity just before she died. Though you say she was coherent.

In the end though, this is for your DH to decide., whether or not he wants to challenge it.

But I would consider it theft and would want it challenged. For her sake, really.

Call the police now

Yes, you must involve the police if you think it's been stolen.