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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, My father was recently convicted of fraud and sentenced

Resolved Question:

Hello,
My father was recently convicted of fraud and sentenced to seven years in prison. Before this happened, he was set to inherit money from his late mother, which he told me would arrive sometime in December, and promised to transfer a chunk of the money to me to help pay for my student and living costs.
Given the change in his circumstances, this has left me with several burning questions that I really hope you'll be kind enough to help me with:
1. Can people serving a prison sentence still inherit under the law? Would it be transferred to his bank account to await his release, or would the solicitor hold it in trust?
2. If he can inherit the money without any problems, would he be able to transfer some of it as he promised? Since it's an inheritance, I imagine it would be very easy for anyone to trace back and be satisfied that he hadn't come by it illegally. He is allowed to make phone calls from the prison, so would he be able to phone his solicitor and organize the transfer of funds by telephone?
3. Is there any way at all I could find out if the money has actually been transferred to his account from my late grandmother's estate by contacting his solicitor and explaining the situation? I suspect the answer will be a resounding "No" but I'm never sure when it comes to legal matters and it can't hurt to check!
Thank you very much for taking the time to read my questions and I look forward to a reply.
Kind regards,
Jude Austin
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

1. Yes people in prison can still inherit

Alex Watts :

2. The Solicitor would either hold the majority on trust until they are released or send all or part to his prisoner account

Alex Watts :

3. Sadly not. That would breach data protection

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your answer. So does this mean that he would not be able to transfer the funds from prison?

Alex Watts :

Unlikely until he gets out. But if he has a Solicitor, his Solicitor can hold the funds and take instructions from his client

Customer:

Sorry, I'm still not clear on this; I guess I should have been more specific. If my father's Solicitor is holding the funds, and my father instructs that Solicitor - while still in prison - to transfer some of those funds to me, would there be any legal barrier?

Alex Watts :

Yes that is fine

Alex Watts :

If he can give instructions then the Solicitor can do this

Customer:

Perfect, that clears it up nicely. Thank you very much for your help.

Alex Watts :

Can I clarify anything else for you?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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