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Missappropriating deceased's assets via HMCTS

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Dear HM Courts and Tribunals Service,

On 8 January my late partner's £2 Million Company was transferred to a white collar criminal posing as an Executor of a Will he wrote himself only 4 working days after my partner died.. The Judge accepted a heavily redacted Will as evidence that the fraudster was a putative Trustee of the shares and dispensed with service on my late partner's heirs.

How can I find out how many times that particular fraudster has done this to his other deceased clients? It appears that the fraudster has been preparing to embezzle my late partner's estate since 2013 by choosing to use articles that exclude the clause which allows a PR to appoint a Director when he incorporated the Company on my late partner's behalf. He even states his intention to misappropriate my late partner's other companies the same way.

The fraudster attracts wealthy victims by claiming to be a Wealth Management Estate Planning Advisor. He advises clients to put all their assets in a Company to reduce IHT. However my partner was Irish and domiciled abroad so the Fraudster filed documents at Companies House wrongly stating my partner was British residing in England, he redacted the foreign address and foreign assets from the Will and presented them to the Court in his application under s125 of the Companies Act.

I am in disbelief that it has been so easy for this fraudster to misappropriate a £2 Million company so soon after my partner passed away, and so easily. I have to conclude that this is the well oiled machinary of fraud which the HMCTS has complied with many times.

I would like to know how many times? Can you provide that information?

Yours faithfully,

A grieving Widow

Disclosure Team, HM Courts and Tribunals Service

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Good afternoon,

Thank you for your email. I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and has been rejected by the Disclosure Team.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information.
For example, an FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place or an opinion about that policy.
As your request does not fall with the FOIA, you may wish to re-submit your enquiry to the MoJ, using a personal email address, which will be treated as Official Correspondence. Our contact details are as follows:
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Please also note, under section 8(1) of FOIA, a request for information must comply with three requirements. It must:
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(b) state the name of the applicant and an address for correspondence, and
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After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.

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Disclosure and MoJ Library Team
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Dear Disclosure Team,

Please let me.put my request more simply.
In the past 10 years how many applications have been made to transfer company shares of a deceased sole director/shareholder without probate under section 125 of the Companies Act?

Of all the applications relevant has there been anyone making applications under s125 of the Companies Act 2006 multiple times?

If there is, was he a claimant in the application involving my late Partner's company on 8 January 2024 at Birmingham?

Yours sincerely,

Wisdom

Disclosure Team, HM Courts and Tribunals Service

Good afternoon,

Thank you for your email. I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and has been rejected by the Disclosure Team.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information.
For example, an FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place or an opinion about that policy.
As your request does not fall with the FOIA, you may wish to re-submit your enquiry to the MoJ, using a personal email address, which will be treated as Official Correspondence. Our contact details are as follows:
Contact Form:
https://contact-moj.service.justice.gov....

If you do have any questions relating specifically to the FOIA or Data Protection Act (DPA), please contact the Disclosure Team at the e-mail address found under the " Make an FOI request" at:

https://www.gov.uk/government/organisati....

Please also note, under section 8(1) of FOIA, a request for information must comply with three requirements. It must:
(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.

Kind regards

Disclosure and MoJ Library Team
Information Services Division
Security and Information Group

Follow us on Twitter @MoJGovUK

show quoted sections

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