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Morally wrong but legally...

2 replies

NorthSouthDivide · 21/02/2012 12:49

Going to try to keep this short otherwise this could be a very long OP!

My FIL died last year, he was divorced from MIL some 15 years ago and was an alcoholic who had been single for the past 3 years, he did not leave a will. He was previously in a relationship for about a year before that but no other significant relationships since the divorce. During the relationship with his GF her name was put onto the mortgage of the house he was in. At no time during the relationship or since they split did she contribute to the mortgage (about £100k, small flat) or household costs as she has her own place.

She has both during and since the relationship, helped herself to his money, the few bank statements we managed to find show her spending habbits and my SIL witnessed it when she stayed at his. He was earning upto £4k pw and had £200k from the sale of his marital home and 100k inheritance from his mother but died leaving only a flat with no equity only arrears,loans, overdrafts, credit cards, charging order over the property as well as a very big unpaid tax bill. He was shocking with money, MIL used to do his finances for him but things only became really bad including his drinking after this woman came into his life. She even had her friends buy him alcohol with his money after he came out of rehab.

Has she done anything illeagal in helping herself to his money? He was not in a fit state to say no as all you had to do was give him drink and he'd be happy. We are fully not expecting anything but a bill from Inland Revenue but it grates somewhat to put it mildly that she has been the only person to benefit (thanks to life insurance she took out against him, neglected to mention that he was an alcoholic and a smoker) from my FILs death and that his children will get nothing.

Didn't do very well at keeping it short but feel slightly better at having got it out of my system! I know deep down that nothing can be done and that the best I can hope for is that it comes back and bites her someother way but hey any thoughts appreciated!

OP posts:
sneezecakesmum · 21/02/2012 19:32

I believe you are right in saying she is legally untouchable but morally corupt! I cant see how anything can be done now your FIL is dead as he was the only witness to any fraudulent behaviour, unless you can find forged documents/cheques etc?

To have him declared mentally unfit would have only been valid when he was alive, his mental capacity can hardly be estimated now he's gone.

If the equity from the sale of his flat is taken up with debts and he has no other assets then the inland revenue will not be chasing anyone unless he had strong financial ties with this woman and she had in effect shared that debt and his assets. You will certainly not be liable and if there are no assets then it will be written off.

squishysquashy · 21/02/2012 19:38

If you contacted the insurance company wouldn't they potentially get her charged with insurance fraud. You must surely be able to give them evidence that she knew he was an alcoholic if he went to rehab etc?

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