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UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I am an executor following the death of my father with three

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I am an executor following the death of my father with three other siblings but my brother who has had access to the account for over 17 months until now, would not let me have details of what was happening to that account.
I now have the account details but on checking it, I have found that rent that should have been going into that account for well over a year from a property my father owned, has been going into my brother's personal business account and on top of that, a cheque from the executor's account has been made out in my deceased father's name by my brother for a huge sum of money which he seems to have cashed.
Probate has been granted.
He has been writing cheques to his own personal business and to date, he has written 74 cheques which I am in the process of investigating to see where he has redirected the money.
There are many other discrepancies but at this stage, I just want to find out what I should do about the discrepancies from a legal point of view.
Thanking you.
Hello Sheila,
Your brother should be asked to explain the payments and if there is no valid reason for him making these payments, then you may call the police as your brother may have engaged in fraud by abuse of position of responsibility which is a criminal offence under the Fraud Act 2006.
Civil court action may also be taken against your brother for a court judgement against him to refund the money.
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Customer: replied 3 years ago.


Thank you for your help in this matter. The position is very clear to me now.

Please leave feedback and good luck