Hard-earned money should be there to achieve what your parents worked for. Genuinely giving to charity or to family can be very rewarding. But what if this was not actually your parent’s idea? What if they were influenced into doing it or your dad was exploited? Nobody wants to imagine, let alone find out, that someone has taken advantage of their dad. Discovering that an elderly parent has given away their hard-earned money is a deeply distressing experience,and far too common.

If You Are the Personal Representative

As the personal representative (sometimes called an Executor or Administrator) of your dad’s estate, you would have the right to access your dad's bank statements. Begin by identifying all his bank accounts. Then request statements from his banks and look for any large transfers or unusual activities. Check carefully and know that it's okay to seek help if you need it.

If You Are Not the Personal Representative

If you're not the personal representative, it's important to share your worries with the person who is. Open up a conversation and kindly ask them to obtain the bank statements and provide you with a copy. This doesn’t have to be an accusation and it is natural to seek peace of mind. Communication can help prevent misunderstandings and ensure everyone is on the same side.

Gather Evidence

Start by collecting any proof of gifts or payments your dad made. Check who received the money and keep a record of these transactions, adding them all up. This step can be emotionally taxing, so give yourself grace and take breaks when needed.

Prove Undue Influence

If the legal tests for undue influence are met then gifts, payments or transactions at undervalue can be undone. In practice, there are two types of undue influence:

1. Actual undue influence: where there are acts of “improper pressure or coercion, such as unlawful threats” which forced your dad to make a gift.
2. Presumed undue influence: where there is (a) a relationship of trust and confidence between your dad and whoever received something and (b) the transaction is questionable (such as due to its size, lack of reason or who received it): Royal Bank of Scotland v Etridge [2002].

Here are some points to consider:

• Relationship: Consider what evidence there is that your dad trusted this person. Were they a representative, advisor, or someone who managed his finances?

• Influence: Explain the role this person had in your dad's life and whether this was long-term or sudden. Did they have a lot of influence over his decisions? Did your dad delegate decisions to them? Was your dad isolated or kept away from people who could help?

• Coercion: Look for signs that your dad may have been pressured into giving away his money. This could include sudden changes in behaviour or unusual decisions.

Taking Legal Action

If you are concerned that someone has taken advantage of a loved one or that they have been influenced to give away their money, whether vulnerable or not, it’s time to consult a solicitor, one who specialises in inheritance disputes and Contentious Probate.

It is natural to ask for support during this difficult time and our Contentious Probate team are here to help you understand your options and guide you through the process of making a claim.

Get in touch today...

If you are impacted by any of the topics covered in this blog, please get in touch with the author, Ben Marsden, today on 01482 324252 or via email: bem@gosschalks.co.uk