News0 min ago
Court Case
I will keep this as brief as poss. I am taking to my brother to court as he has been using my late mother and step fathers ATM card. Stepfather died leaving everything to me, probate all done and dusted. (he left mum well provided for) Mum died intestate.
Brother has filed his defence for the second time as the judge said the first defence did not answer the questions as to how the money came to be taken from the accounts. His defence is, he was given permission from both mum and step dad to use their cards to withdraw money to use for their daily needs. Even if this was true then where is the money? I know he opened a joint account with mother as I have Grant of Probate and requested a copy statement. It shows quite a number of deposits, plus a deposit of £10k being transferred in and out on the same day. Bearing in mind my brother is of ill health and not worked for 20 years then where has all this money come from.
I am fuming he can blatantly lie like this. I know its down to me to prove that he got permission. If my dad had given him permission to take his money then would he not have made brother POA instead of me. I can also prove that brother never visited dad when he was in a nursing home for the last year of his life, and rather than visit him in the home on dads birthday, he withdrew from his bank account and opened a joint account in the town where dads nursing home was.
He was withdrawing on average £300 a day from both accounts over a 10 month period, from a high street bank and a post office. The post office was a card which could only be used at the cashier desk. Which is making us ask the question why did the PO not suspect anything when a male uses a female named card!
Please can you tell me that judges can see through lies?
Brother has filed his defence for the second time as the judge said the first defence did not answer the questions as to how the money came to be taken from the accounts. His defence is, he was given permission from both mum and step dad to use their cards to withdraw money to use for their daily needs. Even if this was true then where is the money? I know he opened a joint account with mother as I have Grant of Probate and requested a copy statement. It shows quite a number of deposits, plus a deposit of £10k being transferred in and out on the same day. Bearing in mind my brother is of ill health and not worked for 20 years then where has all this money come from.
I am fuming he can blatantly lie like this. I know its down to me to prove that he got permission. If my dad had given him permission to take his money then would he not have made brother POA instead of me. I can also prove that brother never visited dad when he was in a nursing home for the last year of his life, and rather than visit him in the home on dads birthday, he withdrew from his bank account and opened a joint account in the town where dads nursing home was.
He was withdrawing on average £300 a day from both accounts over a 10 month period, from a high street bank and a post office. The post office was a card which could only be used at the cashier desk. Which is making us ask the question why did the PO not suspect anything when a male uses a female named card!
Please can you tell me that judges can see through lies?
Answers
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Put your evidence to the Court. He must put his case for himself. The judge will decide whether to believe him. In my view he will need to convince the judge that the money he took was genuinely needed and used for your parents daily needs. If he had £30K in 10 months this seems very unlikely to me.
Incidentally, I think he would have had difficulty opening a joint account with your Dad without your Dad having to sign something. Have you asked the bank about this?
Incidentally, I think he would have had difficulty opening a joint account with your Dad without your Dad having to sign something. Have you asked the bank about this?
Hi he opened a joint account with my mum. I have a copy of the bank statement given me when I got the grant of representation. when mum died the account when in his sole name. Around £8k was taken when dad was in hospital and around the same when mum was in hospital, how anyone can spend that whilst in hosp is beyond me. In his first defence he refutes 100% that he took any money he only acted as chauffeur but his new statement he admits to taking some money but he had the account holders permission.
Thanks Barmaid, much appreciated. We asked on our claim what happened to the money withdrawn, he does not answer the question, apart from saying he spent £small amount on her bills. He also withdrew money from the account received from a private pension which was still being paid 4 months after her death, the pension company wrote to him to get it back and they never heard back from him so he still owes them £2500.
// Thanks Barmaid, so does the judge keep both of his defences?//
oops BM isnt around so I will answer
yes which means that you can cross examine on the inconsistencies in the two accounts = draw attention to the judge that there are two things both sworn to be true that cant be ( both true at the same time )
oops BM isnt around so I will answer
yes which means that you can cross examine on the inconsistencies in the two accounts = draw attention to the judge that there are two things both sworn to be true that cant be ( both true at the same time )
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