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1. Dear *****, you will have to take an action in the names of your children in order that you may successfully recover the monies. As the children are minors, it will have to be representative action by your suing as "Next friend" in the names of the children. You cannot sue personally, as it is not your money. However, you can take an action in the names of your children and recover the monies from your estranged husband. In point of law and fact, your estranged husband should not have spent these monies as they were for the benefit of the children. So you may recover them for your children. I would advise you to see a solicitor who will draft legal proceedings and get them served on your husband.
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My name is ***** ***** I have been a solicitor for more than 35 years.
To be certain of the way forward we would need to know who left the money to your children and who was the Executor of the Will
How much was this and when was it left.
How do you know it is gone?
Have you spoken to the other Executor about this?