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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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whilst my late fathers will was being dealt with it came to

Resolved Question:

whilst my late fathers will was being dealt with it came to light that my brother had used my fathers debit card(which had been given to him to get food for my father)to the extent of spending £34.000.He has repaid me half of this money but another lawyer investigated the bank accounts which resulted in an extra £1800 on the final accounts.By law do I have to pay half of this extra bill,(which was a result of his fraud)Also he used the debit card on the day of my fathers death(Which was early in the morning and he was advised so by a neighbour)would this be classed as fraud.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The lawyers bill will probably come out of your late fathers estate which ultimately means you will get less from the estate.

You could negotiate with your brother that he picks up the bill as it was due to his actions that the bill was incurred.

Yes, your brother's actions would be deemed to be fraud.

S.4 of the Fraud Act 2006 provides that

4Fraud by abuse of position

(1)A person is in breach of this section if he—

(a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b)dishonestly abuses that position, and

(c)intends, by means of the abuse of that position—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

Fraud is a criminal offence and the matter may be reported to the police.

May I help further?


Customer: replied 3 years ago.

My brother has already been approached about paying this extra bill but has said no,is there any further action I can take to solve this.I feel by paying my share of this account I am agreeing with his actions(which I certainly do not do so)

Expert:  UKSolicitorJA replied 3 years ago.
You may report your brother to the police and give them the findings of the report as evidence of his fraudulent conduct.

You could also check who exactly is liable to settle the solicitors bill ie. who instructed the solicitor, who was obliged to pay the fees etc.

Hope this helps, please leave feedback
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