Elder Abuse Solicitors
Protecting vulnerable loved ones and reducing the risk of future probate disputes.
Elder abuse is an issue that many families never expect to face. Unfortunately, it is far more common than most people realise. The world health organisation estimates that around 1 in 6 people aged 60 and over experience some form of abuse every year, with financial abuse being one of the most commonly reported concerns.
At Bell Lamb & Joynson, our Contentious Probate team regularly encounters cases where concerns about an elderly person's welfare, finances, or decision-making only come to light after their death. By that stage, allegations of financial exploitation, undue influence, or inappropriate interference can develop into complex and costly legal disputes.
What Is Elder Abuse?
Elder abuse can take many forms and is not always easy to identify. In legal disputes involving estates, the concerns we most commonly see include:
- Financial exploitation
- Misuse of powers of attorney
- Undue influence
- Coercion or manipulation
- Isolation from family members
- Unexplained gifts or transfers of assets
- Exploitation of an individual experiencing cognitive decline
- Predatory marriages
As your loved ones grow older, they may require additional care and assistance, and may rely upon care staff, medical staff, neighbours, and relatives. Many instances of abuse occur within relationships where there is a significant degree of trust, making them particularly difficult to detect.
What Is Undue Influence?
Undue influence occurs where someone pressures, manipulates, or coerces a vulnerable person into making decisions they would not otherwise have made, particularly in relation to their finances, assets, or estate planning.
What Is a Predatory Marriage?
A predatory marriage typically involves a vulnerable or elderly individual being persuaded or manipulated into entering a marriage that primarily benefits the other party. In some circumstances, this can have significant consequences for inheritance and estate planning, particularly where the marriage affects an existing Will or the distribution of an estate.
Warning Signs of Financial Abuse
Whilst every situation is different, there are often common warning signs that family members should be aware of:
- Sudden changes in financial arrangements
- Unusual withdrawals from bank accounts
- New individuals becoming heavily involved in finances
- A vulnerable person becoming isolated from relatives or friends
- Unexpected changes to estate planning arrangements
- Missing financial records or documentation
- Reluctance to discuss financial matters that were previously handled openly
Recognising these warning signs early can make a significant difference in protecting a vulnerable individual and preserving evidence.
What Should You Do If You Suspect Elder Abuse?
If you believe that an elderly or vulnerable loved one may be at risk, taking practical steps as early as possible can be invaluable.
We would generally recommend:
Reporting concerns
Where appropriate, concerns should be raised with:
- The police
- Adult Social Services
- Local authority safeguarding teams
- Relevant safeguarding organisations, e.g. the Care Quality Commission (CQC)
- Medical professionals involved in the individual's care
Keeping records
Good evidence is often critical. Families should consider retaining:
- Bank statements
- Correspondence
- Medical records where available
- Notes of conversations and incidents
- Copies of key legal documents
Contemporaneous records can become extremely important if concerns later develop into a legal dispute.
Seeking specialist advice
Although it is not always possible to actively pursue allegations during the individual's lifetime, obtaining early advice can help identify risks, preserve evidence, and avoid more significant issues arising in the future.
Why Does Elder Abuse Matter in Contentious Probate Cases?
Sadly, concerns about elder abuse often only emerge after a loved one's death.
Family members may begin to question:
- Why significant assets have disappeared
- Whether financial decisions reflected the deceased's true wishes
- Whether someone exerted pressure or influence over the deceased
- Whether a vulnerable individual was taken advantage of
Not every concern about elder abuse will result in a contentious probate dispute. However, where questions arise regarding vulnerability, financial exploitation, undue influence, or the management of a person's affairs, these issues can become central to later legal proceedings.
These cases are rarely straightforward. They often involve extensive documentary evidence, medical records, witness evidence, and detailed investigations into events that may have taken place over many years.
For this reason, early safeguarding and thorough record-keeping can be invaluable in reducing the risk of future contentious probate claims.
How Can Our Contentious Probate Team Help?
At Bell Lamb & Joynson, we have experience dealing with complex disputes involving allegations of financial abuse, undue influence, vulnerability, and exploitation.
We understand the sensitive nature of these cases and the traumatic impact they can have on families. Our team can provide practical, straightforward advice where concerns arise and help assess the legal implications if disputes develop following a loved one's death.
Speak to Our Team
If you are concerned that an elderly or vulnerable loved one may be experiencing financial abuse, or if concerns have arisen following a bereavement, our Contentious Probate team can provide clear, practical, and sensitive guidance.
Contact Bell Lamb & Joynson today to discuss your circumstances with one of our specialist solicitors.