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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My estranged husband has spent our children's inheritance

Customer Question

My estranged husband has spent our children's inheritance money without my knowledge or consent. Can I sue him for it?
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

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.

Expert:  Buachaill replied 11 months ago.

2. Please Accept or Rate the answer as unless you do so, your Expert will not receive payment for answering your question.

Expert:  Clare replied 11 months ago.

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

Customer: replied 11 months ago.
My estranged husbands father left the money to the children and he was executor of the will along with his dad's best friend.
Expert:  Clare replied 11 months ago.

How much was this and when was it left.

How do you know it is gone?

Customer: replied 11 months ago.
It's was 1,500 each (£3,000 in total) he told me it was secure in post office accounts. I had my suspicions it was gone and asked for evidence of the post office accounts. He then told me he'd used it. It was left to the boys 3 years or so ago.
Expert:  Clare replied 11 months ago.

Have you spoken to the other Executor about this?