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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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My Aunt has had memory issues for few years.Myself and her

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My Aunt has had memory issues for few years.Myself and her brother have just found out her husband somehow has managed to get all her money out of her halifax accounts that were in her name and has all in his sole name now in his Nationwide account.He told me my aunts name is ***** ***** but I have seen it and it is not.My Aunt would not let him anywhere near her finances if did not have some dementia issues.she was saying he can't get at my own accounts without her signature but he as.All he told us was he had row at Halifax but did not elaborate.He has no power of attorney or deputyship.How has he done this and what can we do?He also said my Aunts Accounts were joint at Halifax and I also know not true due to how close I am to my Aunt.He as seen an opportunity and some how abused my aunt financially.
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

This is theft and it is abuse of a vulnerable adult. It is a police matter.

You should refer it to the police without further ado.

Can I clarify anything for you?

Customer: replied 11 months ago.
I was thinking it could be a police matter,Her works pension and state pension are going into his sole named account also.I found the latest Nationwide statement at my aunts house recently and showed an amount of 100,000 pound in his sole name.He told adamantly joint and my aunts name is ***** ***** amount is the accumulation of her two pensions and her own personal savings of about 30,000 over a period of years.All he had was his very small pension.He hardly worked.Our concern is how as he been able to do this and we feel other younger family members on his side have helped.We are even thinking he may have set up online banking in my Aunts name without her knowing and transfered to his account.Because of her memory is good one day and bad next will the police look into this.She still saying her money in halifax.I have reported to the local safeguarding social services but they don't seem too helpful on the financial side.Also my aunt put in her will I'm to receive her half of hse if she passes away.Tenants in common.Our concern is he may have tried something with my aunts will or altered his own in light of now having large sum in his account.The safeguarding team have said best don't tell my aunt she might get anxious.She may have to go into carehome soon in light of memory issues and mobility but why should he get away with things.He just says I'm her husband in entitled to do what I want.In this matter will the police be able to look at what has gone on with all of this?many thanks.
Expert:  F E Smith replied 11 months ago.

The more evidence that you present to the police the better. Because of the amounts of money involved here, they are probably going to look at it more seriously than if it was just a few thousand pounds.

He may be married to her but the phrase “with all my worldly goods I the endow” doesn’t extend to the contents of a bank account which are in her sole name.

If you can get bank statements showing the money being transferred, that would really help you.

Customer: replied 11 months ago.
Thanks for your help.Not sure how I can get statements,this as all happened within last 12mnths. Perhaps the police or safeguarding team can ask her husband to show them over that period.He has been very devious and tried to keep everyone at arms length and something wrong has been done while my aunt has got worse.
Expert:  F E Smith replied 11 months ago.

If he refuses to hand statements over to the police, they can get a court order to make the bank produce them.

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