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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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Dads benefits paid into post office account, he passed away

Customer Question

Dads benefits paid into post office account, he passed away 3 weeks ago, the partner which he stayed with for only last 3 months of life has been withdrawing dads benefit. Dad has been on a syringe driver for 7 weeks and was unconsious for last 2 days of life. Partner went to post office on day he died and cleared account. also dad had new car worth £6000, partner informed me 12 hours after dad died that he had apparently sign car over to her 2 months ago. is there anything i can do, not bothered about monies, just want to bring her to justice
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 4 years ago.

What can I do to bring her to justice

Expert:  Jo C. replied 4 years ago.
Are you hoping to sue?

I'm not sure what you mean by bring her to justice? If you mean that you want her prosecuted then why haven't you complained to the police?
Customer: replied 4 years ago.

Prosecute if theres a good chance of her being prosecuted. Asking your advice because not sure how to go about things. I am on benefits dad had a pension which doesn't cover his funeral bill and have been told that their is no legal aid for civil cases, do you no if any solicitors do no win no fee for this type of case

Expert:  Jo C. replied 4 years ago.
Thanks for the information.

Its quite unlikely that there is a civil case here. Apart from anything else you are not the loser and so cannot sue. You could sue on behalf of your father's estate if you are the executor of the will but you don't mention that here.

There's no prospect of no win no fee though I'm afraid. Its not that type of case.

However, you can report it to the police who will investigate. It would appear to be benefit fraud apart from anything else. On the face of it there is a strong case. If he is sadly dead then his pension should not be drawn. The advantage of that is that it will be free.

In relation to the car, that is an issue for the executors of his estate as well. If he did give it to her then nothing can be done about that now but she may have to show some evidence that he did.

I'm sorry if this is bad news.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.

Dad left no will, i am his only child so i am next of kin, thank you for your reply i will contact the police

Expert:  Jo C. replied 4 years ago.
No problem and all the best.

On the face of it, the loser is really the DWP anyway so they will investigate.

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