# Some advice needed - probate question



## Nozza (Mar 1, 2006)

I'm hoping that this is in the right section, I won't include names or anything because you never know who's watching etc, but need some advice, or pointing in the right direction.

Basically the wife's grandfather passed away nearly three years ago, and the estate went to probate. The Mother in Law used an individual who was recommended by a bank employee to sort out the probate, and basically the funds have been issued to this individual who has kept the funds for nearly 2.5 years, and comes up with all these excuses to not pay the funds out.

My mother in law complained to the bank's complaints department, the woman who recommended the individual conveniently has no knowledge of recommending this person, leading me to think that it's bordering on fraud.

We have been to the police, who say it's a civil matter, and Citizens Advice say take her to court. As the amount is only £20,000 I can imagine it'll be eaten up by court fees so before this route is to be taken I wondered if anyone had any ideas or had similar issues themselves.

Thanks for reading, and hopefully this is the right section!


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## Yowfailed (Mar 14, 2012)

I fail to see exactly how this is a civil matter after 2.5 years :doublesho

There is clearly an element of 'permanently depriving the owner of such property'. The element of the Fraud or any Theft that you may struggle with could well be the 'dishonesty' element. Sadly I've seen this response too many times, 'It's Civil' can mean a number of things, usually can't be ar*ed or its just too difficult. Go back, ask to speak with a supervisor.


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## Nozza (Mar 1, 2006)

thanks for the reply, the problem is that the woman is an individual, she doesn't work for a company which is annoying.


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## Yowfailed (Mar 14, 2012)

Can't see why thats a problem to be honest. She's retained what is not legally hers for over 2 years. Unless she has a good reason for doing so I would suggest she has some difficult and rather uncomfortable questions to answer.


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## S63 (Jan 5, 2007)

£20k is certainly worth pursuing in a small claims court, with the intent/threat it may not even get that far.


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## Nozza (Mar 1, 2006)

The annoying thing is that she lives a 10 minute walk from where we live, I would go round there myself but would probably end up arrested. I believe she has been threatened with small claims but continues to come up with excuse after excuse. I've looked her up on Linkedin and she has LLB after her name, and on her website, so I was wondering if there is some professional body to complain to. I think deep down it will end up being small claims, but would £20k be too much?


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## markcoznottz (Nov 13, 2005)

Inside job? Bank employee taking a back hander/cut ?. I'd take this up with the banks CEO sounds extremely serious .


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## Nozza (Mar 1, 2006)

old thread, but an update, the cheque has been cashed and all parties have been settled, Trading Standards has been contacted to see if anything can be done to stop her trading.


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