Is it the PRs responsibility to report an Attorney suspected of taking money

The deceased’s bank accounts show a standing order of £500 per month over the last 3 years to their appointed Attorney. The Attorney has not responded as to why they were receiving these payments.

Is it the PRs responsibility to draw this to the court/police’s attention?

It is the PRs primary duty to consider whether these payments were unlawfully instigated by the attorney and if so the practical possibility of recovering the monies for the benefit of the estate. This may well involve discussion with those entitled to it.

The relationship between them and the deceased on the one hand and the attorney on the other could be very sensitive. I would regard it as their duty to seek recovery unless either it would be futile and a waste of estate money or it would be counter to the express wishes of the estate beneficiaries.

My own experience informs my view. I was very reluctant to activate the power given to me by my wonderful late uncle. For very many months I paid his routine bills and some essential one-off costs and gave him written statements which he paid by cheque. I did not want to trample on his remaining vestiges of independence.

One day he disappeared and I was summoned by a neighbour. He later turned up wearing a suit as in his office commuting days. He had been down to his bank to stop these cheques which he had no recollection of signing. It would have been less than funny if someone had called Inspector Knacker of the Yard.

I would not rule that out in the OP case but I would first use it as leverage to obtain recovery. The reaction of the attorney will doubtless determine their potential fate at the hands of the Bizzies (as we call them round here and have one in the family).

Jack Harper