Executors - Fraud & the Role of Banks

[Prettyflowers]

My mother died and her second husband was named as the sole Executor of her estate (that is another issue not covered here).

 

Her second husband received Probate and was given the legal position of Executor and Trustee, as well as being one of several beneficiaries.

 

The Probate Document which he has signed as being 'a true and accurate representation' of her assets is in fact not true or accurate. I have evidence to show she had more assets at the time of her death than he has declared.

 

He has withheld assets from the Probate document. This is ‘fraud’.

 

I contacted Santander and Bank of Scotland and sent them certified copies of the Probate Document and certified evidence and asked them to confirm to me, and my lawyer, that the Executor had indeed missed assets from the Probate document and to therefore report him to the relevant authorities.

 

Both banks, Santander and The Bank of Scotland, have refused to do this.

 

First they said they 'had lost all of the documents' I sent them.

They then stated 'client confidentiality'. Although they have evidence of a crime being committed and their first 'Duty of Care' is to their customer, my mother, not the Executor who is committing the crime in her name.

I have asked. My lawyer has asked. The Police are unable to ask as the law does not give them the authority to investigate without going to court.

 

In refusing to give the information requested or report him to the relevant authorities, they are helping the Executor to continue with his crime.

They say to do so I would need to take it to court. At a cost of thousands.

 

I have been to the Police and although this is a criminal offence being committed by the Executor, the current laws to not give the Police the ability to get the information from the Banks and for them to press charges against the Executor.

If I want him held accountable for his crimes I must fund a costly court case to make them give the information.

 

This man is 'getting away with daylight robbery'.

 

I feel my family are being failed by the law.

 

I want to know how we can make Banks stop 'helping Executors' to hide such crimes.

 

I want more power to Beneficiaries to be able to have fraudulent Executors held accountable and Banks to be more transparent without having to resort to costly court cases.

 

Please note I do have a lawyer involved. However, the lawyer can only follow the laws as they currently stand.

To get the information from the banks requires a costly court case. Then there will be another court case to hold the Executor accountable.

 

Banks should be able to state whether an Executor has not declared all assets on the Probate document as they still have a 'Duty of Care' to the deceased, before any 'Duty of Care' to an Executor.

 

Can we get consumer action to make changes ?

Can we get more transparency from Banks ?

Can we get justice ?

 

Do you think Banks should give this information to beneficiaries, and their lawyers, the Police and the Tax Office without a court case ?

 

Please help.