Does anyone have any advice as to who I would go see to investigate if I suspect financial elder abuse from one member of a family to another, that has only come to light now that the elder relative has passed away?
They had apparently gotten a financial order without notifying any other members of the family. I'm not sure if I need to see a certain type of lawyer or accountant and am way out of my depth as how to proceed. Any info is greatly appreciated. Thank you.
Thank you I'll give them a call.
I think that I would move quick to freeze the assets of the will until it is sorted out.
I'm afraid we may be too late. Looks like they cleaned just about everything out. The will hasn't been completed by the trustee yet but they aren't forthcoming with any information so I'm afraid I need to get some kind of investigator.
Put the trustee on notice that you are contesting the will. That should give you some breathing space.
If the relative has passed away recently, then it is an issue that their executor should tackle. If you are in the process of administering their estate, then you should be able to access all the bank accounts once you have probate.
I would start with a Wills & Estates Lawyer, but they may have to refer it to a commercial litigator, if the quantum of the fraud is significant.
If it appears that the quantum is significant, then it could be referred to the police as it may be a crime, but you could either concurrently or following any police investigation (and prosecution) seek civil damages on behalf of the estate.
If the fraudster has real property, then either a caveat or injunction restraining the fraudster from disposing of the real property (or other assets) could be explored.
The trustee is the NSW Trustee & Guardian and they are giving us no information and have said they won't research the relatives assets or the financial order unless we show them some kind of proof that there is other assets which we have no way of proving as they hold all the information. This is why we need to hire someone to help us.
Unfortunately, the Public Trustee isn't under any legal obligation to investigate wrongdoing unless there is solid evidence. As mentioned above, you will need to find a good estates lawyer to do this for you.
Since the trustee is the Public Trustee - was a valid will drafted? Has probate been granted? You can check on: https://onlineregistry.lawlink.nsw.gov.au/content/search-pro…
You need to scrutinise the Financial Order. IF this has been lodged with a court/ Guardianship Tribunal/ MHRT you can apply to the respective registry to obtain a copy. You can consider issues of capacity (whether the elderly relative was capable of making legal decisions), coercion (forcing them to sign) or forgery. Again, you should seek proper legal advice for this.
IAAL
Thank you for your help. I don't know anyone who has used an estate lawyer. Would you have anyone you could recommend in the Sydney area or know a trustworthy site to search? Thank you for all of your detailed information. I appreciate it.
@lisamacoz:
Unfortunately, I'm not in a position to recommend anyone. You will need to do your own research in that regard. Make sure you don't sign a retainer without shopping around first or asking for a costs estimate.
Keep in mind that some legal remedies, such as a Family Provision Order have time limitations which expire 12 months from the date of death. However, a claim for fraud would have a much longer time limitation.
Good Luck.
This situation makes me really hot under the collar. I hate it when people think that they are entitled to another person's assets. Or people who want their inheritance in advance. Or people wishing their parents gone so that they can get their grubby little hands on the inheritance. What gives such people this sense of entitlement? I would go out of my way to 'burn' them, even if it cost me money to do so.
I don't know how people can be like that either. I am surprised and saddened.
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