Financial Abuse - Magistrate Ordered to Repay Thousands Spent from Mother's Accounts.

By Alex Watkinson, Associate, Bell & Buxton Solicitors

A Magistrate who sits in Milton Keynes has been ordered by Central London County Court to repay approximately £18,000 plus interest to her late mother’s estate after it was found that she had used her mother’s accounts to benefit herself and her family, while her mother was still alive.

The Court found that Mrs Hawes’ mother, Daphne Burgess “did not have capacity to make the decision to divest herself of such a sizeable amount of money”.

The payments from Mrs Burgess’ accounts which are to be repaid include:

- £9,000 paid to Mrs Hawes’ husband and daughters 8 days before Mrs Burgess suffered a stroke

- £1,902 said to be for dentists bills, birthday presents, clothes and driving lessons for Mrs Hawes and her children

- £289 for Formula 1 racing tickets for Mrs Hawes’ husband

- A series of cheques totalling £6,752 for Mrs Hawes and her daughters said to be “gifts”

The judge stated that these payments were “made at a time when Daphne Burgess was clearly fading fast”.  The last such payment, apparently used to pay off a credit card, was made just a week before Daphne Burgess’ death in May 2009.

If you have any questions or have concerns that a friend or relative’s finances may have been abused, Bell & Buxton have a dedicated team of experts who specialise exclusively in contentious probate and financial abuse.  Please feel free to contact us on 01142 495969 or e-mail Alex Watkinson on a.watkinson@bellbuxton.co.uk.

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