A recent case highlights the serious consequences of misusing estate funds. Kathryn Walker, who was appointed executor of her late son’s will, spent £455,000 that had been left to another beneficiary.
She was sentenced to three years in prison for theft. The case serves as a reminder that taking money from an estate is both a breach of trust and a criminal offence, with penalties ranging from repayment orders to imprisonment.
It is always staggering to read cases such as this, but in my experience they are becoming more common. This mother was Executor of her son’s will and spent £455,000 of the money, left to someone else. In civil proceedings, this is known as a breach of trust, but a Court order to return the funds is only as good as the paper it is written on if the money has been spent, and there is no property to attach an Order to.
It is however a very serious criminal offence, and this case serves as a salient reminder that those who decide to keep inheritance to which they are not entitled, will face the possibility of a prison sentence.
What is the penalty for stealing from an estate in the UK?
Stealing from an estate is a serious criminal offence, typically prosecuted as theft or fraud.
The penalties vary depending on the value of the assets stolen and the severity of the breach of trust.
Consequences can range from a community order to a significant prison sentence.
As this case highlights, a custodial sentence is a very real possibility, particularly for high-value thefts.
In addition to criminal penalties, the person may also be ordered to pay back the stolen assets.
If you are concerned that you have not received an entitlement to inheritance under a will or an intestacy, contact our inheritance solicitors so we can investigate this further.
Mother jailed after squandering £455k left for somebody else in sons will A 56-year-old Washington mother has been jailed after squandering £455,000 that was left by her son in his will for somebody else. Richard Walker passed away while performing his duties as a soldier in Afghanistan in 2013,. His will specified who should receive the sum and his mother, Kathryn Walker, was named as executor. Rather than managing or investing the money, Kathryn spent the money on items such as cars, caravans, horses, private license plates, and paying off her own debts, according to a testimony given in Newcastle Crown Court.
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