Inheritance Fraud Case Highlights Trustee and Executor Duties
A recent inheritance fraud case reported by the BBC has cast a sharp spotlight on the legal and ethical responsibilities of trustees and executors. The case—described by our London Partner and Solicitor Advocate Daniel Flynn as “a stark reminder of the serious obligations trustees and executors hold”—raises important issues for families navigating estate planning and disputes.
The Case: Breach of Trust Within a Family
The case involved Katherine Hill, who was convicted alongside her father of fraud by abuse of position after misappropriating £50,000 that was left in trust for her two daughters. The money had been set aside in the Will of Hill’s late mother, Margaret, who died in 2014. Instead of safeguarding the funds until her daughters turned 25, as instructed, Hill withdrew the money over the course of a year—ultimately leaving both beneficiaries without their inheritance and with lasting emotional trauma.
Swansea Crown Court has now ordered Hill to repay the stolen funds. However, the damage goes far beyond financial loss.
“This was not just a family falling out—it was a criminal act; a trustee is legally and morally obligated to protect a beneficiary’s inheritance. The money is not theirs to spend. Taking it is illegal, plain and simple.”
Disputed Wills, Inheritance & Trusts Specialists
If you are concerned about a trust or inheritance issue, or if you need advice on making or challenging a Will, get in touch with our Disputed Wills, Inheritance & Trusts team.
Make an EnquiryLegal Duties of Trustees: What This Case Makes Clear
The case is a timely reminder for anyone acting—or considering acting—as a trustee or executor.
“Your duties as a trustee are defined by the Trustee Act 2000. You must act with care, avoid conflicts of interest, and manage assets prudently. Even where a Will lacks specific instructions, trustees are expected to preserve and, where possible, grow the estate—especially in long-term trusts,”
If there is any concern about impartiality or competence, the best course of action is often to step aside before any harm is done.
A Warning for Will-Makers and a Signal to Beneficiaries
This recent case should prompt individuals to give serious thought to who they appoint as executors or trustees.
“A tricky family dynamic doesn’t excuse misconduct. If you are making a Will, appoint someone you trust to act independently and in the best interests of your beneficiaries.”
Beneficiaries do have rights, you can apply to the court to force a trustee or executor to fulfil their duties—or even to have them removed. However, if the assets are already gone, the road to recovery can be difficult and so timing is everything.
Expert Legal Support
Daniel Flynn is a Solicitor Advocate and full member of the Association of Contentious Trust and Probate Specialists (ACTAPS). He leads a specialist caseload dealing with probate disputes, inheritance claims, breach of trust cases, and executor misconduct. As one of only a few lawyers with full advocacy rights in this area of law, Daniel is well-placed to handle complex and sensitive disputes.
Our team offers specialist legal support across London and the South, with a dedicated Dispute Resolution team based at our Fleet Street office. We are committed to providing clear, compassionate, and effective advice to both executors and beneficiaries facing difficult situations.
Disputed Wills, Inheritance & Trusts Specialists
If you are concerned about a trust or inheritance issue, or if you need advice on making or challenging a Will, get in touch with our Disputed Wills, Inheritance & Trusts team.
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