Criminal lawyers over here - penalties for fraud

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We are currently suing DH's uncle for stealing all of DH's Grandfather's money.

We have discovered that Uncle continued to operate Grandad's bank account for 2 years after his death (using his debit card until all the money was gone) as well as continuing to draw his private pension.

What are the penalties for something like this?

Take a look through the FRAUD ACT 2006 - you should find something in there which will give you a better idea.

Try www.opsi.gov.uk to find the legislation

If it is heard in a magistrates court (i.e. it is classed as a less serious offence) the maximum sentence is 12 months and/or a fine. If it goes to the crown court the maximum sentence is 10 years and/or a fine.

However, you say that you are sueing him. These penalties would only apply if the police get involved. He will not get imprisoned or fined as a result of you taking him to court. Assuming you win, the likely outcome is that he will be required to pay back the money he has stolen with an appropriate amount of interest added on. He will also have to pay your legal fees. In essence, he will be required to leave you in the position you would have been in if he hadn't stolen the money. There will be no additional penalty.

You need to clarify if you're taking civil or criminal action. Have you been to the Police about the matter? The criminal penalties are as outlined by prf47bridge. The court will take into account a variety of factors in determining the sentence (including previous offending, any mitigating circumstances, any attempts to make amends etc).

I'm not quite sure what kind of civil action you could bring. It wasn't your money that was taken. You are not technically owed anything by this man, so an action for damages/debt seems unlikely to be sanctioned. Furthermore, if he's spent all the money, is he in a position that he could repay it to the estate?

Sorry, I wasn't very clear.

Uncle was executor of Grandad's will and DH was other beneficiary.

Uncle refused to apply for probate so DH applied instead (long drawn out process) and now has been sent all the account information, hence this has only come to light now.

So Uncle needs to put money back into estate or DH can inform police I assume.

As your DH is a beneficiary he is in a position to take legal action. Are you saying that th emoney was 'stolen' before probate was granted? This would throw a different light on the matter altogether. had uncle been an executor he would have been in breach of if his duties and therefore an application to the Probate Court could have been made.

BTW the magistrates can only sentence 6 months for one offence and a max of 12 months for 2 offences tried at the same time. As of yet the increase to 12 monthshas not been implemented.
The action would have to be by DH and/or other beneficiaries on behalf of the estate.

It is really a probate lawyer you need to see who can advise you best. If you don't wish to pay try the Citizens Advice Bureau or a local Law Centre, it's free. If not, see a solicitor in a firm who will give you half an hour for free and charge thereafter.

Takea look at this website (solicitors) and you will see how this may link into what you are trying to achieve.
66.102.9.132/search?q=cache:Ekq8QViDXAkJ:www.wrighthassall.co.uk/resources/articles/wtt_rem ovingsubstitutingexecutors.aspx+probate+law+executor+stealing&cd=1&hl=en&ct=clnk&gl=uk