Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


Results 1 to 12 of 12
  1. #1

    Default Can an executor sue someone who stole from the deceased?

    A relative's carer helped themselves to her bank account.
    This was discovered by the executor who stopped looking back through the bank account when the amount topped 11k in the five months prior to her death and handed the matter to the police.

    It is going to court and there's little doubt there will be a conviction.
    It will however be for considerably less than the amount taken because the criminal case is sensibly concentrating on those withdrawals and purchases which can be proved without any doubt.

    The direct victim was the now deceased relative and if she was still alive she could sue the thief.

    Can executor or beneficiaries?

    Follows
    0
    Following
    0

  2. #2

    Default Re: Can an executor sue someone who stole from the deceased?

    Beneficiaries can.
    I would wait for the criminal conviction if imminent and then sue through the civil court to try to obtain some money back.


  3. #3

    Default Re: Can an executor sue someone who stole from the deceased?

    Yeah, that's the plan.
    Criminal conviction first.
    I don't think there's any money there but there is a house.

    I'm guessing whether the beneficiaries sue or not will depend on the sentence. Might not be very nice but I do understand them wanting their pound of flesh.

    Follows
    0
    Following
    0

  4. #4

    Default Re: Can an executor sue someone who stole from the deceased?

    It wasn't nice to steal from an oap.


  5. #5

    Default Re: Can an executor sue someone who stole from the deceased?

    You really wouldn't believe it.
    The last thousand odd was withdrawn from cashpoints while she was in hospital in the last few days of her life, drugged up on morphine and with her son not leaving her side. The maximum withdrawal allowed per day for four days.

    They're still claiming this was at her request and they handed it over to her. The only time her son left her during that time was to go to the hospital cashpoint and withdraw his own money because the carer was complaining she hadn't been paid.

    Follows
    0
    Following
    0

  6. #6

    Default Re: Can an executor sue someone who stole from the deceased?

    Hi

    I would wait for the conviction as mentioned.

    Something to consider

    If the Carer was employed by the Local Council/Trust/NHS they are responsible for the actions of there employees.

    In my opinion this then gives you the avenue of holding the Employer responsible for there Employees action so you go after both the Individual and there Employer to recover the Funds.

    Even though the Conviction if not set I would raise your concerns about this carer there Employer and also the Care Quality Commission: https://www.cqc.org.uk/contact-us/re...-member-public

    How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

    FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

    How to Start Your Own Thread **CLICK HERE**

    Credit Reference Agencies: Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<

    I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

    I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.
    If you wish to check my advice please seek other independent/professional sources.

    Be assured that our advice and support is FREE on CAG.

    PLEASE HELP US TO KEEP THIS SITE RUNNING

    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Follows
    0
    Following
    0

  7. #7

    Default Re: Can an executor sue someone who stole from the deceased?

    If the Carer was employed by the Local Council/Trust/NHS they are responsible for the actions of there employees.
    It was a private arrangement, started out as a cleaner and then did more and more. I believe she was introduced initially by a family member who worked with her in a private care home. The arrangement had been in place for years without apparent problem. We don't feel it's our place to say anything to anyone until after a court case.


  8. #8

    Default Re: Can an executor sue someone who stole from the deceased?

    Don't feel too angry, this happens everyday and will continue happening.
    Some people have no soul.


  9. #9

    Default Re: Can an executor sue someone who stole from the deceased?

    It would normally be the executor who brings claims on behalf of the estate. Not the beneficiaries.

    See http://www.justice.gov.uk/courts/pro...es/part19#19.7 and http://www.civillitigationbrief.com/...-of-an-estate/.

    Legal fees and expenses can be paid out of the estate. It can be a good idea for the executor to ask for the beneficiaries to confirm they are happy for the executor to take that action where possible, so that there can be no question of the executor mismanaging the estate.

    The timing is difficult. It would be easier to bring a civil claim after the criminal case - as facts proved in the criminal case could be used as evidence in the civil claim. However, waiting gives the Defendant more time to hide assets. If any assets belonging to the Defendant can be identified (e.g. a house, a bank account), it may be worth the executor proceeding with legal claims ASAP, to reduce the chances of the Defendant disposing of those assets without making payment. By the time you get to the end of the criminal case the money will probably be gone.

    Options such as a freezing order over the Defendant's bank account can be considered. It would probably be a good idea for the executor to take an initial bit of legal advice to assess whether there are simple steps that can be taken now to secure the assets. Indeed, the executor's duties to the estate probably demand they at least consider properly whether the estate should be taking legal action now or not.

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Follows
    0
    Following
    0

  10. #10

    Default Re: Can an executor sue someone who stole from the deceased?

    Thank you for your answers. As it happens, the executor was one of the beneficiaries. I don't think there's a hope in hell of seeing any of the money, we knew that from the start and it isn't why the matter was handed to the police. It's more a case of the beneficiaries (maybe) wanting a civil judgement as well just to make a point really if the criminal case doesn't lead to a sentence which satisfies them. What she did deserves a custodial sentence. What may actually be admitted to/bargained down to is another matter and the beneficiaries understand/accept that. Any guilty verdict will at least mean she can't do this to anyone else.


  11. #11

    Default Re: Can an executor sue someone who stole from the deceased?

    If the evidence against the Defendant is clear, obtaining a civil CCJ should not be particularly difficult.

    There would be a cost to filing the court claim though, which you might not get back if the Defendant has no more money, unfortunately.

    In the circumstances fingers crossed that the criminal process gives you some sort of resolution.

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Follows
    0
    Following
    0

  12. #12

    Default Re: Can an executor sue someone who stole from the deceased?

    There would be a cost to filing the court claim though,
    Money isn't an issue - it's far more about, well revenge really which is why I said earlier it's not very nice but I understand it. I think the sons feel every emotion but anger. Guilt is certainly high on the list for 'allowing' it to happen.


Tags for this Thread


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details