Is this legal?

I believe what she is doing is illegal and while your proposal would redistribute the money fairly I think that you could be prosecuted. I would advise you to try and negotiate with your mother and other family members who hold influence over her and as a last result involve the authorities. :biggrin:

Reply 2

OP

Original post by Rufus the red

I believe what she is doing is illegal and while your proposal would redistribute the money fairly I think that you could be prosecuted. I would advise you to try and negotiate with your mother and other family members who hold influence over her and as a last result involve the authorities. :biggrin:

She has said in the past that I’d need to take her to court to get my money....

Reply 3

Original post by Anonymous

Hi,

Looking for some advice.

I’m 22 and looking to move out of my parents house but require a deposit. In April I inherited some money from my grandfather. My mother is the executor of his will. She has all his money from his bank and the sale of his house in her bank account but she won’t give me my share.

I want my share and, as I set up her online banking for her, I know all her details and can just take it myself, but I don’t know if this is legal? The will clearly states it is for me.

If it matters it is not a huge amount, £50k.

Any advice?

Of Course it's not legal.

Yeah, she needs to give you your money ..but you can't just take it from her account without permission.

I suggest you request legal advice, as it's not ok for her to keep money intended for you.
perhaps ring the police on 101 and see if they'll do anything about your mother.

Reply 4

tjames988

12

Original post by ANM775

Of Course it's not legal.

Yeah, she needs to give you her money ..but you can't just take it from her account without permission.

I suggest you request legal advice, as it's not ok for her to keep money intended for you.
perhaps ring the police on 101 and see if they'll do anything about your mother.

dont ring 101, ring a lawyer instead

Reply 5

Rufus The Red

Original post by Anonymous

She has said in the past that I’d need to take her to court to get my money....

Then I'd say do just that.
As long as it's obvious that it's your money (and the will makes it that) you should get your money.

Reply 6

OP

Original post by ANM775

Of Course it's not legal.

Yeah, she needs to give you your money ..but you can't just take it from her account without permission.

I suggest you request legal advice, as it's not ok for her to keep money intended for you.
perhaps ring the police on 101 and see if they'll do anything about your mother.

Original post by tjames988

dont ring 101, ring a lawyer instead

Thanks both for your reply. I don’t want to call the police on her, but at the same time I cannot afford a lawyer. I doubt she’d call the police on me for taking it but I wouldn’t put it past her to teach me a lesson.

Reply 7

Original post by Anonymous

She has said in the past that I’d need to take her to court to get my money....

Original post by tjames988

dont ring 101, ring a lawyer instead

lawyers cost money. 101 costs nothing. might as well try the 101 route before spending £££ on legal advice and fee's

but yeah, if that doesn't work, you will need to take her to court.

Reply 8

Muttley79

Original post by Anonymous

She has said in the past that I’d need to take her to court to get my money....

Has the will gone through probate? Have you got a copy of the will?

Reply 9

Universities Forum Helper

OP

Original post by Muttley79

Has the will gone through probate? Have you got a copy of the will?

Yes to both

Reply 10

Admit-One

21

No, not legal to move funds from someone else’s account regardless of whether you believe it’s rightfully yours. Seek legal advice.

Reply 11

OP

Original post by Admit-One

No, not legal to move funds from someone else’s account regardless of whether you believe it’s rightfully yours. Seek legal advice.

Thank you for your advice, I guess I’ll have to seek legal advice, but not sure how I’d pay. My mother has a lot of money behind her and I have hardly anything atm.

Reply 12

tjames988

12

Original post by Anonymous

Thank you for your advice, I guess I’ll have to seek legal advice, but not sure how I’d pay. My mother has a lot of money behind her and I have hardly anything atm.

if you are seeking inheritance or any money for that matter, some law firms will be able to do a deal where you only pay once the case is won and you receive the inheritance

Reply 13

Original post by Anonymous

Thank you for your advice, I guess I’ll have to seek legal advice, but not sure how I’d pay. My mother has a lot of money behind her and I have hardly anything atm.

just did a google search and things don't look so great for you..
it will be difficult.....

https://www.pocketpence.co.uk/happens-executor-steals-money-6133304.html

If the executor of the will steals the money or refuses to distribute it according to the terms of the Will, the beneficiary runs the risk of never receiving the inheritance that they are entitled to.

Unfortunately, it is sometimes difficult to bring formal charges against an executor who steals the money or assets meant for the beneficiaries, particularly if the executor is also a beneficiary, and/or if the executor or one of the other beneficiaries has contested the terms of the will. This can sometimes result in assets being tied up, in a sense, during the legal proceedings.

Legal Consequences for Executor
Just because it is often difficult to bring formal charges against an executor who has stolen assets or property or is refusing to distribute them under the terms of the will, this doesn't mean that it is impossible. Beneficiaries, as well as relatives of the deceased and other "interested parties," can bring a petition before the court, presenting evidence that the executor has mishandling the estate and should be removed and a new executor assigned.

Reply 14

Muttley79

Original post by Anonymous

Yes to both

Has your mum applied to alter the terms of the will? I would contact the executor(s) - they are responsible for allocating funds/assets. If your mum was the Executor then contact the CAB.

When I was an Executor I had to keep records for 5 years to prove I had carried out the will correctly.

Reply 15

OP

Original post by tjames988

if you are seeking inheritance or any money for that matter, some law firms will be able to do a deal where you only pay once the case is won and you receive the inheritance

Thank you for your advice, I only need 2k or so for a deposit and furniture so I don’t even care if she keeps the rest. I suspect a lawyer would take a high percentage and could really damage my relationship with my mother. Tough things to think about.

Reply 16

RogerOxon

21

Are there any other beneficiaries that have received money?

You need an estate lawyer. She may need to be removed as the executor, although a formal letter may suffice. She is personally liable - I'd sue her, not the estate, for legal costs.

(edited 3 years ago)

Reply 17

tjames988

12

Original post by Anonymous

Thank you for your advice, I only need 2k or so for a deposit and furniture so I don’t even care if she keeps the rest. I suspect a lawyer would take a high percentage and could really damage my relationship with my mother. Tough things to think about.

or alternatively if she lost then she may pay the fees, I'm not sure but if you contact a lawyer they will be able to tell you

Reply 18

OP

Original post by ANM775

just did a google search and things don't look so great for you..
it will be difficult.....

https://www.pocketpence.co.uk/happens-executor-steals-money-6133304.html

If the executor of the will steals the money or refuses to distribute it according to the terms of the Will, the beneficiary runs the risk of never receiving the inheritance that they are entitled to.

Unfortunately, it is sometimes difficult to bring formal charges against an executor who steals the money or assets meant for the beneficiaries, particularly if the executor is also a beneficiary, and/or if the executor or one of the other beneficiaries has contested the terms of the will. This can sometimes result in assets being tied up, in a sense, during the legal proceedings.

Legal Consequences for Executor
Just because it is often difficult to bring formal charges against an executor who has stolen assets or property or is refusing to distribute them under the terms of the will, this doesn't mean that it is impossible. Beneficiaries, as well as relatives of the deceased and other "interested parties," can bring a petition before the court, presenting evidence that the executor has mishandling the estate and should be removed and a new executor assigned.

Thank you for that, I really appreciate it. Doesn’t look good for me though, that’s why I am tempted to just take it and call her bluff, when she threatens to take me to court or anything. How could they prove it was me that transferred the money anyway?

Reply 19