Last Updated on 11th February 2025
What can you do about the theft of your inheritance?
While inheritance theft is rare, it is occurring more frequently. But what can you do about a stolen inheritance if it happens to you?
The first thing to establish is who is responsible for stealing your inheritance. We find that executors are most likely to be accused of inheritance theft. This is because an executor of a Will has control over the assets of the estate they are administering. This gives them the opportunity to misappropriate or steal money and assets from the estate.
Of course, not all executor misconduct would amount to inheritance theft. If an executor delays in distributing inheritance monies, for instance, or fails to communicate with the beneficiaries, then this would not amount to theft. However, taking assets from the estate (such as transferring property or money into their personal name) could amount to misappropriation or theft. If that is the case, then you may wish to consider taking legal action against them for recovery of your inheritance.
How do you prove inheritance theft?
As with all legal actions, you need to be in the position to prove your case. So, in the context of an inheritance that has been stolen, how do you go about doing so?
To prove inheritance theft, the first step is to gather relevant documentary evidence. This may include obtaining:
- financial statements;
- bank records;
- property title deeds;
- correspondence with the executor relating to the actions they have taken; and
- statements from witnesses.
Establishing proof often requires extensive forensic investigations to be undertaken, and it can be a lengthy process.
What to do if you establish that theft has occurred
If the evidence you obtain suggests that something is seriously amiss, then you could raise the issue with the executor direct. This may enable you to resolve any misunderstandings without the need for formal legal action.
However, if you feel uncomfortable confronting the executor direct, or if the executor refuses to engage with you, or provide satisfactory answers to your questions, then it may be necessary to consult a specialist solicitor to give you advise on taking legal action.
If you have suffered financial loss due to the executor’s conduct, then a civil claim for breach of trust can be made against them for redress. In some circumstances an application to the court to remove the executor can also be made.
If the executor’s conduct amounts to fraud (such as documents being forged, money being paid to a non-beneficiary, or possessions being passed to a third party who is not entitled to them) then it could be treated as a criminal matter, and warrant a police investigation. If found guilty of theft then an executor can be sent to prison and there are many examples of this happening.
How we can help with a stolen inheritance case.
It is important to act quickly if you believe that an executor has stolen money or property from an estate so that immediate steps can be taken to safeguard the remaining estate assets, and recover the assets that have been taken.
Our highly rated contentious probate solicitors specialise in disputes with executors. We operate a legal helpline which you can call for a free consultation on your options in this situation. We can also deal with many disputes on a No Win, No Fee basis.