Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Angelcakes879
    • By Angelcakes879 13th Mar 17, 5:58 PM
    • 2Posts
    • 4Thanks
    Angelcakes879
    Are my children entitled to their father's possessions?
    • #1
    • 13th Mar 17, 5:58 PM
    Are my children entitled to their father's possessions? 13th Mar 17 at 5:58 PM
    I am after some advice. My children's father died suddenly a few weeks ago at a young age, unfortunately he did not have a will. We had 3 children together ages 12, 7 and 6.
    We were renting a housing association house in which it was under my name, 3 years ago we split up and i signed the tenancy over to him and bought my own house. The children stayed there on weekends so had quite a few belongings of theirs, toys etc in their bedrooms.
    Unfortunately I didn't have a key to his house, and since his death his parents have practically moved in to the house and will not let me into the house to collect the children's belongings. Obviously this is very upsetting for my children and me as alot of our family photos are in the attic. I have tried contacting them regarding going to pick up the children's belongings and have had no reply.
    What I want to know is who do his possessions legally get left to?
    My ex was not close to his parents, i have been told that they have already removed furniture etc from the house. Who can i contact with regards to getting my childrens belongings? I have tried the housing association and unfortunately they do not have a key. Any advice would be greatful
Page 2
    • GDB2222
    • By GDB2222 14th Mar 17, 8:45 PM
    • 13,728 Posts
    • 72,978 Thanks
    GDB2222
    Theft of property or criminal damage by detroying them IS a criminal matter. If approached correctly the police will take action. A solicitor's letter is likely to be a waste of money.
    Originally posted by Yorkshireman99
    They are next of kin and supposed to deal with the estate.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Yorkshireman99
    • By Yorkshireman99 14th Mar 17, 9:28 PM
    • 2,301 Posts
    • 1,840 Thanks
    Yorkshireman99
    They are next of kin and supposed to deal with the estate.
    Originally posted by GDB2222
    Next of kin is a meaningless term in law. Regardsless of their relationship if they take on the duties of dealing with the estate they owe a clear duty to deal with the estate property in the correct manner.
    • meg72
    • By meg72 14th Mar 17, 10:30 PM
    • 4,852 Posts
    • 44,555 Thanks
    meg72
    Whether the nuclear option is a good idea is another matter, though, and going to war over this may not be the best course in the long run.

    Bear in mind that the children are entitled to everything he owned, not just their toys (which they owned, anyway). However, he may have had debts. So, his assets should go first to pay any creditors, before the kids get anything.

    His parents, as next of kin, are it seems acting as administrators of his estate. They won't have letters of administration yet, but it's entirely sensible that they should make a start. Emptying the home and storing the contents, to stop rent accumulating, seems entirely practical. I have no idea how you can tell whether they are doing that or simply pilfering his stuff.

    If you really believe they are pilfering his stuff, you can involve the police.
    Originally posted by GDB2222

    The parents are not his next of kin his children are and as they are underage their Mother acts on their behalf. I had this situation when my Son died leaving two young children, his ex had more rights than me in regard to his funeral and his belongings.
    Slimming World at target
    GC Nov 16.50.
    GC Dec 24.89
    GC Jan 2.50
    • GDB2222
    • By GDB2222 15th Mar 17, 2:07 AM
    • 13,728 Posts
    • 72,978 Thanks
    GDB2222
    The parents are not his next of kin his children are and as they are underage their Mother acts on their behalf. I had this situation when my Son died leaving two young children, his ex had more rights than me in regard to his funeral and his belongings.
    Originally posted by meg72
    I posted a link above, which clearly shows the parents are the ones entitled to administer the estate. I am not an expert in this field, so if you have contradictory evidence please post it.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • GDB2222
    • By GDB2222 15th Mar 17, 2:10 AM
    • 13,728 Posts
    • 72,978 Thanks
    GDB2222
    Next of kin is a meaningless term in law. Regardsless of their relationship if they take on the duties of dealing with the estate they owe a clear duty to deal with the estate property in the correct manner.
    Originally posted by Yorkshireman99
    What is the correct manner?
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Yorkshireman99
    • By Yorkshireman99 15th Mar 17, 2:30 AM
    • 2,301 Posts
    • 1,840 Thanks
    Yorkshireman99
    What is the correct manner?
    Originally posted by GDB2222
    They should be preserving the estate assets and checking to see if there any that might not be immediately apparent. In particular since children are involved they be particularly careful that heir interests are considered. Any decent executor would not allow the situation that has arisen to continue. Although the latter may not be a legal requirement it is an appalling way to behave. I repeat that if they destroy assets then that is criminal damage.
    • GDB2222
    • By GDB2222 15th Mar 17, 2:51 AM
    • 13,728 Posts
    • 72,978 Thanks
    GDB2222
    They should be preserving the estate assets and checking to see if there any that might not be immediately apparent. In particular since children are involved they be particularly careful that heir interests are considered. Any decent executor would not allow the situation that has arisen to continue. Although the latter may not be a legal requirement it is an appalling way to behave. I repeat that if they destroy assets then that is criminal damage.
    Originally posted by Yorkshireman99
    On the other hand, the administrators also have a duty to preserve value for the children by emptying the flat ASAP, to stop paying rent. It's the sort of thing executors do all the time, trying to sort the wheat from the chaff, so to speak. It's not normally criminal.

    Of course, it would be heartless to throw out all the photos and toys without giving the kids a chance to choose some.

    It's a shame the OP and the parents have such a bad relationship, but calling the police is not going to improve things.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Yorkshireman99
    • By Yorkshireman99 15th Mar 17, 6:54 AM
    • 2,301 Posts
    • 1,840 Thanks
    Yorkshireman99
    As I said very much the last option but it seems that relations have irretrievably broken down already and cant get worse.
    • getmore4less
    • By getmore4less 15th Mar 17, 7:21 AM
    • 28,385 Posts
    • 16,974 Thanks
    getmore4less
    I posted a link above, which clearly shows the parents are the ones entitled to administer the estate. I am not an expert in this field, so if you have contradictory evidence please post it.
    Originally posted by GDB2222
    the problem with some interpretations, even those on solicitors sites, is they are condensed and simplified versions of the law.

    that link did not cover the case where minor children are highest priority(no spouse) other than to say it needed two administators.

    The law on this is contained in the NCPR 1987, perhaps go have a read and come back with your findings...
    • meg72
    • By meg72 15th Mar 17, 8:14 AM
    • 4,852 Posts
    • 44,555 Thanks
    meg72
    I posted a link above, which clearly shows the parents are the ones entitled to administer the estate. I am not an expert in this field, so if you have contradictory evidence please post it.
    Originally posted by GDB2222
    I am not sure what evidence you are asking for. I can only share my experience. Following my Sons death I was informed by the Coroners office that I was not his next of kin, his children were, as their guardian their mother would be acting for them, whilst there they telephoned my ex DIL to ask her for her permission for me to arrange his funeral. Thankfully she gave it but I wasn't allowed his ashes and had to give her the keys to his flat.

    I was totally shocked by this so rang family Solicitor to confirm if this was right and was told yes..

    The list you linked to is a very simple guide but does show that children come before parents as next of kin.
    Last edited by meg72; 15-03-2017 at 8:21 AM.
    Slimming World at target
    GC Nov 16.50.
    GC Dec 24.89
    GC Jan 2.50
    • meg72
    • By meg72 15th Mar 17, 8:31 AM
    • 4,852 Posts
    • 44,555 Thanks
    meg72
    I am after some advice. My children's father died suddenly a few weeks ago at a young age, unfortunately he did not have a will. We had 3 children together ages 12, 7 and 6.
    We were renting a housing association house in which it was under my name, 3 years ago we split up and i signed the tenancy over to him and bought my own house. The children stayed there on weekends so had quite a few belongings of theirs, toys etc in their bedrooms.
    Unfortunately I didn't have a key to his house, and since his death his parents have practically moved in to the house and will not let me into the house to collect the children's belongings. Obviously this is very upsetting for my children and me as alot of our family photos are in the attic. I have tried contacting them regarding going to pick up the children's belongings and have had no reply.
    What I want to know is who do his possessions legally get left to?
    My ex was not close to his parents, i have been told that they have already removed furniture etc from the house. Who can i contact with regards to getting my childrens belongings? I have tried the housing association and unfortunately they do not have a key. Any advice would be greatful
    Originally posted by Angelcakes879
    OP I have shared my experience in previous post. The best advice I can give you is to contact a solicitor, lots give a free half hour. This is too important to your kids to rely on, well meaning I`m sure, but incorrect info.
    Slimming World at target
    GC Nov 16.50.
    GC Dec 24.89
    GC Jan 2.50
    • silvercar
    • By silvercar 15th Mar 17, 9:04 AM
    • 35,121 Posts
    • 148,234 Thanks
    silvercar
    Even if the parents have the right to administer the estate, the contents of the estate would belong to the children. So if they have the right to clear the flat to stop rent accruing, they don't have the right to retain any goods eg photos, they also don't have the right to retain or dispose of other people's possessions eg the children's toys.
    • Malthusian
    • By Malthusian 15th Mar 17, 9:50 AM
    • 1,975 Posts
    • 2,828 Thanks
    Malthusian
    As I said very much the last option but it seems that relations have irretrievably broken down already and cant get worse.
    Originally posted by Yorkshireman99
    Irretrievably broken down? Until the OP has tried ringing the doorbell it's too early to talk in such dramatic terms. Some people are bad at answering emails or texts.
    • Yorkshireman99
    • By Yorkshireman99 15th Mar 17, 9:51 AM
    • 2,301 Posts
    • 1,840 Thanks
    Yorkshireman99
    OP I have shared my experience in previous post. The best advice I can give you is to contact a solicitor, lots give a free half hour. This is too important to your kids to rely on, well meaning I`m sure, but incorrect info.
    Originally posted by meg72
    That will cost several hundred pounds just to send a letter which may have no effect.
    • meg72
    • By meg72 15th Mar 17, 10:10 AM
    • 4,852 Posts
    • 44,555 Thanks
    meg72
    That will cost several hundred pounds just to send a letter which may have no effect.
    Originally posted by Yorkshireman99
    I am not suggesting that the OP get involved in legal action merely take advantage of the free half hour to establish that her children are his next of kin not them. Once she has this advice she will know better how to proceed.

    It does not cost several hundred pounds for solicitors to send a letter in any case.
    Slimming World at target
    GC Nov 16.50.
    GC Dec 24.89
    GC Jan 2.50
    • Yorkshireman99
    • By Yorkshireman99 15th Mar 17, 10:23 AM
    • 2,301 Posts
    • 1,840 Thanks
    Yorkshireman99
    I am not suggesting that the OP get involved in legal action merely take advantage of the free half hour to establish that her children are his next of kin not them. Once she has this advice she will know better how to proceed.

    It does not cost several hundred pounds for solicitors to send a letter in any case.
    Originally posted by meg72
    Given that solicitor's charges are usually 200 or more per hour then consulting about and sending a letter IS likely to cost 2-300.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,379Posts Today

13,005Users online

Martin's Twitter
  • The strange thing with a 4yr old is having to play & smile while inside feeling sick for those in trauma in my birth town #Manchester

  • Just a quick ta-ta for now. I'm taking the week off for family time with mini and Mrs MSE. So I won't be here much. Back after the bank hol

  • Ugh another one trying it! Beware https://t.co/Ab9fCRA76F

  • Follow Martin