Financial abuse is when someone takes financial advantage of a person who may be vulnerable or who’s lost capacity to manage their affairs. It can include stealing money or property, committing fraud or pressuring someone to gain control and use of their finances without them knowing.

Our solicitors can investigate your financial abuse situation and help you claim against the person responsible. We can also help if you’re accused of financial abuse.

It can be devastating to find out that someone has taken advantage of you, particularly if it’s someone you love and trusted. When these situations happen, our team can be by your side to help resolve the issue and if possible, undo any transactions to recover money or property you’ve lost.

Contact us and we’ll advise you how we can help with your situation.

What does financial abuse involve?

Financial abuse can happen to anyone. Unfortunately, it often happens to people in a vulnerable position such as those who don’t have the mental capacity to manage their own finance.

It can involve:

  • Undue influence – forcing or coercing a person to change their Will or to create a new one that goes against their wishes
  • Persuading a person to make a Lasting Power of Attorney to take control of their money or property
  • Persuading someone to transfer the ownership of their property (or a share of their property) or using fraudulent ways (like forging someone’s signature) to get control of someone’s property
  • Attorneys, deputies or trustees charging unnecessary expenses
  • Attorneys or deputies using the money of the person they're responsible for as if it was their own
  • Trustees taking money or assets from a trust for their own benefit, without permission and in breach of their responsibilities
  • Taking money from a vulnerable person without them knowing. 

Why choose Irwin Mitchell to help with your financial abuse claim?

Putting someone you trust in a position where they need to manage your or a loved one’s affairs is a big decision. It’s always difficult if that person abuses your trust or doesn’t take their position seriously. Our team are experts in our field, and we can give you a supporting hand when dealing with financial abuse.

Most of the claims we make get settled out of court, but if you need us to, we’ll also represent you all the way through to a court trial. You’ll get practical advice at every stage, so you’ll know exactly where you stand.

As a full-service law firm our team works closely with our Court of Protection solicitors and those who specialise in Tax, Trusts and Estates. If your situation is particularly complex, such as tracing and recovering assets overseas, you’ll have access to a team of experts who can guide you and your family in the right direction. You can rest assured that our solicitors have the experience to handle financial abuse issues efficiently and sensitively.

As a nationwide firm we can help you wherever you’re based. We can also help if you have any assets or money outside the UK. You’ll always be in good hands with our team of solicitors by your side who’ll keep your best interests at heart.

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Financial Abuse - More Information

Joy Williams Content quote

My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, client

Frequently Asked Questions

What counts as undue influence?

Undue influence is when someone is pressured into writing a Will, or making changes to their will that, they wouldn’t make if they weren’t being pressured to.

They might do this because they’re afraid of the person putting pressure on them, or simply because they’ve been worn down gradually until they can’t say no anymore.

What is considered in a case of undue influence?

For a claim of undue influence to be successful, it must be shown that the person making the Will (known as the “testator”) was coerced into doing so. To do this, the court will consider a number of things, including:

What is fraudulent calumny?

Fraudulent calumny is when someone poisons the testator’s mind against another person with information about that person. They either know that the information is false, or don’t care whether it is or not.

The effects of fraudulent calumny and undue influence can often be similar, for example:

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