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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6826
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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I am trying to find out what options if any I can take to

Customer Question

Hi,
I am trying to find out what options if any I can take to recover funds removed from my elderly Mothers bank account by my recently deceased sister.
4 years ago my Father and Mother agreed to fund the building of an extension / Granny flat on my Sisters house to be used by themselves in old age.
Unfortunately my father passed away in Jan 2014 of Alzeimers.
My sister several months after my fathers death in June 2014, moved my mother out of the house and placed here in a privately funded residential / nursing home where she lives at present.
Throughout this time my Sister had full consential access to my parents and laterly my Mothers Bank and Savings accounts.
Since she has passed away earlier this year myself and my remaining sister have now gained access to the accounts through powers of LPA granted by our parents to all three children in 2012.
Basicaly my Mother now has very few funds left and may have to move out of her resident home in the near future because she can no longer pay the fees.
In total my parents paid in excess of £180,000 towards the extension of the house, and my sister removed an estimated further £200,000 from their savings.
Does my Mother have any form of claim on the value of the house she paid to extend ?
Are my deceased sisters actions criminal bearing in mind she had LPA over my mother ?
In the past few years after having a stroke my mother has been easily confused and had little or no understanding of her financial situation and was not aware of the withdrawals made by my sister, all her bank statements were posted to my sister.
Thanks
Submitted: 11 months ago.
Category: Family Law
Expert:  michael holly replied 11 months ago.

Your deceased's sisters actions could be regarded as fraudulent as she did not carry out the purpose of the agreement which was for your mother to move into the extension.

Your mother does not a beneficial interest in the property where her funds were invested. She has made a contribution in money or moneys worth" to the property and improved it's value.

As her Attorneys you can claim against the property which would be vested in the estate of your sister. So your claim would be against the executor of your sister's estate in respect of your sisters interest in the property.

then it may be possible to negotiate a voluntary charge on the property in respect of any future fees .

Best regards

Michael

Expert:  michael holly replied 11 months ago.

Sorry there was a problem my response above which has sections missing from what was typed by me. Your mother DOES have a beneficial interest in the property where the money was invested

The final paragraph only partially came through. This related to a claim by the local authority for any care fees once the cash is depleted based on your mothers interest in the house.

This can be dealt with by way of selling the house or the local authority may agree a voluntary charge on your mother's interest in the house if it is still being used as a family home