Inheritance theft: what to do if you suspect estate fraud or abuse

A case at Swansea Crown Court recently heard, a mother and grandfather were convicted of defrauding two daughters out of their £50,000 inheritance money held in trust by their late grandmother. The money was used to pay the mothers mortgage and bills. This was fuelled by resentment as the children had inherited more than she did.

This kind of financial abuse is common, and often presents itself years later. This is often the point at which beneficiaries begin to seek out what they believe was intended for them. But there are legal steps you can take to challenge and reverse what’s been done.

Common Signs of Inheritance Theft

Situations where inheritance theft is suspected consist of sudden transfer of the family home to one individual, large lifetime gifts given without clear explanation, the appearance of a new Will made when the person was unwell or socially isolated. And in some cases, a Power of Attorney is misused for personal gain.

What are the Legal Grounds to Challenge?

If you suspect inheritance theft, there are several legal grounds on which you may be able to challenge the situation. Some of these include, lack of mental capacity at the time the Will or gift was made, undue influence or coercion exerted over the individual, fraud or deception, and breaches of trust committed by someone in a legal or fiduciary role, such as an attorney, deputy, executor or trustee.

Legal Tools That Can Help

To address these concerns, there are various legal tools that may be available to help. Solicitors can guide through potential options such as, rescinding invalid gifts or transactions, seeking proprietary injunctions to freeze or recover estate assets, applying for the removal of rogue executors or attorneys through the courts, or initiating investigations by the Office of the Public Guardian or the police.

 Why Acting Early is So Important

Acting early is crucial. The longer suspected abuse goes unchallenged, the more difficult it can become to track and recover misappropriated assets. Ensuring evidence is gathered while documents are still accessible, or whilst the vulnerable person is still alive is significant. This is because it improves the chances of a successful legal outcome.

How Can Forbes Help You?

At Forbes, we understand the legal and emotional complexities that arise in contested wills and estate disputes. Our Contentious Probate and Trusts team is experienced in handling cases involving testamentary capacity, undue influence, and breaches of fiduciary duty by executors and trustees. We offer strategic, clear advice tailored to your situation, whether you are an executor, beneficiary, or legal adviser seeking expert input. Our goal is to resolve disputes efficiently, fairly, and with minimal stress to our clients.

For more information or to discuss your case, contact our Contentious Probate and Trusts division.