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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23780
Experience:  Senior Partner at Berkson Wallace
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My father died in 2018. At the time he had no will and he

Customer Question

My father died in 2018. At the time he had no will and he was separated from my mother. He was seeing another woman. He died very suddenly and from the day he was declared dead she started drawing cash out of his accout and drained approx 17,000 in a few weeks. We went to the police who pulled her in fpr questioning - it was her spending the money as she had botox using the card, had booked holidays in her name and also had furniture delivered to her account. Obviously we left this in the hands of the police. Then covid happened so I didn't chase. I chased recently to be told the case had been closed as they decided it was a civil matter. No one had informed me of this and I just wanted to know if there is anything more I can do.
JA: Where are you? It matters because laws vary by location.
Customer: It has caused undue distress and upst in a time when I am grieving
JA: What steps have you taken so far?
Customer: police
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 21 days ago.
Category: Law
Expert:  Stuart J replied 21 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What would you like to do about this if possible?

Customer: replied 21 days ago.
I want the woman to be held accountable for stealing from a dead person and repay the money to his next of kin
Expert:  Stuart J replied 21 days ago.

This is a matter for the police.  However they will not dig very deeply and will probably just say there is not enough evidence.  If however the executors of your late father’s estate are taken to court, in the civil court it only needs to be decided on the balance of probabilities, 1% more likely than not.

Hence, there is absolutely no reason why the executors cannot take the woman to court to claim back whatever she has taken.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards