On February 25th 2018 my husband's 97.7 year old mother Elizabeth passed away from breast and lung Cancer. During the 17 years since the loss of her 90 year old invalid husband George to bowel Cancer in 2001 her eldest 76 year old son Andrew a Financial Adviser and Senior Partner of a large Wealth Management bank and a Joint Executor of his father's Estate with my husband James. But, James was not told and assumed the family solicitor would be finalising George's Estate and everything, his share of the home, his savings, shares and investments would be left to his mother.
However, on the 2nd of March this year James received a letter from the family solicitor advising him he was Joint Executor of his mother's Estate and had also been a POA.
James was informed by his brother Andrew that his mother left under 5K in her bank accounts at the time of her death and also that his father George had left him his share of the Victorian flat in his Will in 2001. He was just finding out for the first time in 17 years that his father left the arrogant, self righteous son he loathed, his part of his home.
But, as Joint Executor James had powers to delve into the financial affairs of his mother and his father all be it 17 years too late only to discover his sick 89 year old father had been coerced into signing a new Will and signing away his half of his home to his elder son 11 months before he died and witnessed by the cleaning lady without a practitioner or solicitor present only the plausible salesman son. He had coveted the address of the family home as he used it as an office, claiming extra payments from the various firms he sold insurance etc for the past 40 years.
He also removed his father's Estate from the family solicitor without notifying his brother, he took care of all the details, closing bank accounts, transferring funds, selling shares, realising life insurance policies and investments with his former companies etc and declared this year that his father left nothing and he did not declare to the tax that he had taken his father's share of 20 within 7 years or submit a Confirmation and of course this was also known to the family solicitor.
Andrew had been withdrawing large sums of cash £500, £300 all from ATM's since 2012/14. In 2017 after withdrawing £500 at Gatwick en route to the Ukraine (bank security questioned transaction) he applied for 3rd Party on her bank accounts and savings accounts only to be told he was not eligible as a financial adviser for SJP to be given 3rd party, so he took his frail mother to the banks for her to sign her name on the forms he completed and took her to close her savings account with 25k and TSB for £6421 and Post Office with £2250 receiving a cheque for the 25k and cash in hand for the others. He used her bank cards as his own paying for meals, cinema, petrol and anything he fancied since March 2017 both in Aberdeen and his third home in Dalgety Bay regularly having breakfast in Dobbies.
We have since discovered he falsified tax returns for himself claiming he employed his brother James from 2002 and paid him various amounts from 3k to 6k paying the tax but not actually paying James until he retired due to ill health in 2011 when he helped his brother with admin, deliveries etc He also falsified tax returns for James's wife, son and daughter plus others, paying the tax but not paying anyone what he was declaring to the Inland Revenue. He strongly believes about not paying tax if he can avoid it. Until 2017 he declared he paid his mother 8k a year and her tax returns show dividends from shares but where are the shares?
Andrew had his mother sign a document he completed in 2012 transferring all her 4104 shares in SJP over to him for nothing. At the time she was bedridden with mis diagnosed shingles in both her legs and had to go into Respite Care in 2013 for 3 months to get her back on her feet. The shares she was keeping to give to her 2 grandchildren when she died. She also tried to hide her savings account passbook in her bedside drawer so Andrew would not find it but he went to the Building Society for a lost passbook form for her to sign. My mother in law never wanted to go into a Care Home she wanted to remain in her own home and was vulnerable. Her 77 year old son Andrew always claimed that he paid for everything to James and as such he was in charge of his mother.
In order to finalise Elizabeth's Estate both Executors have to agree on the inventory, and possessions, shares, policies, savings and investments and property and any substantial gifts within 7 years of her death.
Andrew refuses to admit what he took including 2 cheques he wrote out to himself in August 2017 from his mother's bank account for 5k and 10k and when found out declared his mother wanted to help him buy a 2nd hand Range Rover last August. James has taken his role as Executor seriously and will not sign off on what he knows to be theft and fraud on a grand scale, depriving him and his children of their inheritance as he has taken it all except his mother's small rental property that goes to James but it cannot be sold to pay off his mortgage until the Confirmation is granted. The situation is stalemate unless James takes his brother to court and that is why we are asking your help to assist us in getting justice for George 89 and Elizabeth 97 whom he conned when they were sick and vulnerable out of greed and because he could despite earning 150k a year himself. What sort of person does that - a sociopath, psychopath at 70 years old James did/does not really know who his brother is and does not want to speak or see him ever again after what he has done.