Financial abuse

[provarmint]

Has anyone had a relative/family member financially abused, money taken and used for their own gain?
What is the best approach, Police?
A relative believes they own a property which was payed for by said relative, but the property has been registered in the abusers names without the knowledge of the victim.
TIA.

 

[Apthorpe]

Do you know how this happened? What is your relative's solicitor's explanation?

 

[enfieldspares]

Ultimately if it is fraudulent then, yes, the police will need to be involved. So maybe an initial contact with them would be useful. If only because (if you then have details to quote of an officer to whom you have reported the matter) that it will concentrate the minds of those you do need to contact. All land transfers and details of ownership and charges against any owner are now, as far as I know, registered electronically. By charges I mean mortgage charges or loans. So they property may be registered to A but have, indeed, a charge against it in favour of B. I hope it helps. First point of call, as said, would be the solicitor that handled the conveyance associated with the property from the previous owner to the alleged abuser?

 

[provarmint]

Do you know how this happened? What is your relative's solicitor's explanation?

Only found out tonight so no contact as yet with solicitors, I did have a look at the electronic register and the property has been registered in the abusers names, the victim thinks they own the property.

 

[Tom270]

Office of public guardian , a government site you can raise a concern

 

[LandRover90]

I would initial approach the Police, advice from citizens advice, and probably contact the land registry for advice?

When you say 'abuser', but if they have attempted to take something(register) which is not theirs, then intend to sell/realise/have it as their own, then they are committing or attempting to commit theft?

I take it the property or land hasn't been registered by this 'abuser' in some sort of dispute? Does this other party own adjoining land or property? If so this would be some sort of civil dispute? Possibly back to the solicitors.

Lastly does your relative hold the deeds? Also have historic documentation showing the purchase?

Good luck, and please update us.

 

[VSS]

Presumably the "abuser" has claimed adverse possession of the property? Otherwise I can't see how they could have registered it in their name without the consent of the person who bought and paid for it.

 

[Drum123]

How old is the relative who believes they've been taken advantage of and what is their mental state , dementia etc? I know it's an odd question but I went through a similar situation with my old man. Brought about by a severe head injury but could also manifest due to other cognetive problems.

 

[Klenchblaize]

Is dementia and power of attorney involved?

K

 

[Apthorpe]

Only found out tonight so no contact as yet with solicitors, I did have a look at the electronic register and the property has been registered in the abusers names, the victim thinks they own the property.

I'd find out what the facts are as a priority. Solicitors for buyer and seller, and the banks of both the seller and the alleged wrongdoer and any mortgage provider are all legally required to establish the source of the money used to buy the house. There must be a paper trail and the first thing is to find out what your relative did and signed.
Is your relative mentally operational and able to explain what happened? What is the relationship between this person and the alleged abuser? There could be a reasonable explanation for this.

 

[TringSaint]

If this is a land registry issue, ie the nefarious relative has registered the property in their name with the land registry because there wasn’t a registration in place?
If so then there was a case that hit the press last year for this exact same issue and the title was reversed back to the original owner.

 

[long_range_rob]

Obviously the relative who has registered the property in their name has paid the stamp duty? There was a radio 4 programme recently about a chap whose property was registered at the land registry and sold from under him. Took him four years to get it back so best of luck.

 

[provarmint]

Long story short, abusers are daughter and son in law of the victim, convinced the victim to sell her house (hers outright) moved into daughters home until funds cleared, part of the funds used to purchase a flat but registered in abuser names not the victim. Victim is old not very educated and thinks she owns the flat. I am another son in law and legally trustee with one other family member and have enduring power of attorney written in the last known legal will.
This is difficult as it's 300 hundred miles away, earliest we can see and speak to the victim face to face is early May.

 

[provarmint]

The victim also thinks the son in law has changed the will.

 

[opticron1]

The victim also thinks the son in law has changed the will.

I would hope that there is a Solicitor with a copy of the original Will. In theory, any changes or addition of a Codicil will need to be witnessed and signed by the person to whom the will applies, assuming that there is no lasting Power of Attorney.
As @Tom270 suggested a call to the Office of Public Guardian might help or the local Police to raise a concern - even phoning Age UK (via their website) or citizens advice would be options.
Sadly , there are all too many cases where "loving" families (sic) try to get as much financial benefit that they can....

 

[provarmint]

I would hope that there is a Solicitor with a copy of the original Will. In theory, any changes or addition of a Codicil will need to be witnessed and signed by the person to whom the will applies, assuming that there is no lasting Power of Attorney.
As @Tom270 suggested a call to the Office of Public Guardian might help or the local Police to raise a concern - even phoning Age UK (via their website) or citizens advice would be options.
Sadly , there are all too many cases where "loving" families (sic) try to get as much financial benefit that they can....

I have a copy of the original will.

 

[provarmint]

Thank you all very much for your replies, please keep the comments coming but for now I will try to gather as much information as possible.