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Excecutor Stealing Assets

2 replies

serene12 · 02/08/2020 11:28

My elderly father died during lockdown, my father in his will appointed two of my siblings to act as co-excecutors. One of my siblings cared for my dad, after my father died this sibling became evasive, refused to share necessary documents for Grant of Probate and has taken the documents with him and not shared them with the other co-excecutor. The other co-excecutor has sadly discovered that the other co-excecutor has managed to empty my father’s bank and building society accounts and other accounts. Now a contentious probate solicitor has been appointed, but we’re still in the early stages. My siblings and I have kept all relevant copies of emails, texts etc. to ensure a ‘paper trail’.
I’m wondering if anyone else has any experience of an excecutor stealing from the estate and what was the outcome? The appointed solicitor said that maybe the sum of money could be deducted from the executor’s inheritance, as he is also a beneficiary.

OP posts:
prh47bridge · 02/08/2020 13:52

The appointed solicitor is right. The normal outcome is that the executor's inheritance is reduced to take into account the assets they have misappropriated. If their inheritance isn't enough to cover the loss they will be personally liable for the shortfall. It would also be normal for them to be removed as an executor. There may also be questions as to whether the assets have been appropriately declared in tax returns. If not, HMRC will be interested.

serene12 · 03/08/2020 11:14

Thanks, that’s very useful information. I think my sibling has a long history of tax evasion.
Sadly this situation is too common and I think that the banks and building societies need to put tougher measures in place, to prevent relatives accessing money from deceased relatives accounts.

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