Misappropriation of funds - A large amount of money was left to me in a will as the sole beneficiary

[Surfer01]

A large amount of money was left to me in a will as the sole beneficiary and the amount involved is approximately £8500 and the lot was misappropriated by my brother who owns a house probably worth £200,000 or millions in his country. My brother had already been given a large sum of money prior to my father passing away.

I need help drafting a very threatening legal letter with all sorts of legal terms to see if I get any reaction otherwise I will need to engage lawyers. My brother lives in South Africa however the law is basically the same even though it is based on Roman Dutch law.

I can adapt any legal terms to suit the situation, but thought of stuff like should he lose he will be liable for all costs which will probably amount to thousands and this may put his home at risk.

Any suggestions are welcome as being a pensioner this money will help. Thanks.

[caro]

Firstly I'm sorry for your loss.

 

How did your brother get hold of the money?

 

Who was executor?

 

Did your father live in UK or SA?

[BazzaS]

A large amount of money was left to me in a will as the sole beneficiary and the amount involved is approximately £8500 and the lot was misappropriated by my brother who owns a house probably worth £200,000 or millions in his country. My brother had already been given a large sum of money prior to my father passing away.

I need help drafting a very threatening legal letter with all sorts of legal terms to see if I get any reaction otherwise I will need to engage lawyers. My brother lives in South Africa however the law is basically the same even though it is based on Roman Dutch law.

I can adapt any legal terms to suit the situation, but thought of stuff like should he lose he will be liable for all costs which will probably amount to thousands and this may put his home at risk.

Any suggestions are welcome as being a pensioner this money will help. Thanks.

 

In which jurisdiction was the will made / probate granted.

Who was/were the executor(s)?

 

The executor(s) would have been holding the assets on trust for the beneficiaries (sole beneficiary : you, in this case) and owe them a "fiduciary duty" (which any letter should mention)

[Surfer01]

The will was made in the UK as my father was living in the UK and on going through his papers the pension money in Zimbabwe came to light. My brother was not aware of this money until I told him. The will appointed me as sole executor and beneficiary of my father's estate.

The funds were in a Zimabawe Pension fund and there was no exchange allowance for funds to be transferred to the UK which is why I asked my brother if he could be nominated as a beneficiary to allow the funds ot be transfered from Zimbabwe to a South African account. After all I trusted my brother. I was also under the impression that due to the Zimbabwean dollar being grossly inflated that the pension was only a couple of hundred.

At this point al I need is a scary letter to see if I get an reaction. If none then it will be handed over to South african lawyers to pursue further. Thanks.

[BazzaS]

The will was made in the UK as my father was living in the UK and on going through his papers the pension money in Zimbabwe came to light. My brother was not aware of this money until I told him. The will appointed me as sole executor and beneficiary of my father's estate.

The funds were in a Zimabawe Pension fund and there was no exchange allowance for funds to be transferred to the UK which is why I asked my brother if he could be nominated as a beneficiary to allow the funds ot be transfered from Zimbabwe to a South African account. After all I trusted my brother. I was also under the impression that due to the Zimbabwean dollar being grossly inflated that the pension was only a couple of hundred.

At this point al I need is a scary letter to see if I get an reaction. If none then it will be handed over to South african lawyers to pursue further. Thanks.

 

If you were both executor and sole beneficiary - he can't be nominated as a beneficiary as that isn't what the will demanded.

 

What is to stop your brother saying "he was the executor & the beneficiary, he had his inheritance. He then gifted it to me". Do you have any documentation to show it was a loan / given on trust, rather than given as a gift?

Otherwise your "scary letter" might not be so able to be so scary!

[Surfer01]

If you were both executor and sole beneficiary - he can't be nominated as a beneficiary as that isn't what the will demanded.

 

What is to stop your brother saying "he was the executor & the beneficiary, he had his inheritance. He then gifted it to me". Do you have any documentation to show it was a loan / given on trust, rather than given as a gift?

Otherwise your "scary letter" might not be so able to be so scary!

 

My brother is not mentioned in the will at all and there is no record of anything being gifted to him. There is no documentation to show that it was a loan, but there is documentaiotn advising him that there were funds in Zimbabwe and asking if his account could be used for the transfer of the funds. There is no documentation stating that he would be the sole benficiary or that he use the funds solely for himself.

[BazzaS]

My brother is not mentioned in the will at all and there is no record of anything being gifted to him. There is no documentation to show that it was a loan, but there is documentaiotn advising him that there were funds in Zimbabwe and asking if his account could be used for the transfer of the funds. There is no documentation stating that he would be the sole benficiary or that he use the funds solely for himself.

 

That isn't what I meant, not that he would claim the inheritance directly, "as of right".

 

My concern is that he could claim the bequest was intended for you and obtained by you : end of the will process.

 

Then in a DISTINCT process, he CLAIMS you said "you know what, I don't need this money enough that we go through the hassle of moving it to the UK" (or whatever other excuse he comes up with to justify) : "you have it as a gift".

The rules regarding inheritance / fiduciary duties then don't apply : it becomes your word it was a loan (made in order to allow the funds to be moved) against his word that it was instead a gift.