Belongings held in Trust ?

Millie1972

My sister died two years ago and left no will. She was divorced and left behind a then 7 year old daughter. My mum and dad dealt with everything after she died (funeral costs, house clearance etc) there were some personal belongings that they kept, with a view to them being given to her daughter when she was 18.

This week my sisters ex-husband (father to her daughter) requested a meeting with my parents. At which, he demanded they hand over the personal belongings as he thinks he is the right person to hold the belongings in trust for his daughter.

Who is legally in the right here ??

Any advice would be very much appreciated.

getmore4less

Were there any other assets?
Was a grant obtained?

Millie1972

No other assets, car was sold to pay toward funeral and no grants were obtained.

g6jns_2

Millie1972 wrote: »

No other assets, car was sold to pay toward funeral and no grants were obtained.

If he has custody then he is probably correct.

meritaten

not quite so simple - she was divorced at the time and her parents made all the arrangements and paid for the funeral, and dealt with the house clearance. her ex wasn't involved I think from OPs post. therefore why would he expect to have personal items from the house? as maternal grandparents then who better to hold personal items in trust for their grandchildren?

Mojisola

Who is the child living with?

Millie1972

At the time of her death with my parents and her mum, my sister, then she went to live with her dad after.

Mojisola

Millie1972 wrote: »

At the time of her death with my parents and her mum, my sister, then she went to live with her dad after.

I can see his point. If he's capable of caring for his daughter, surely he can be trusted to keep her mother's personal items for her? It seems a shame for her mother's stuff to be hidden away until she's 18. Maybe he wants to get them out occasionally and go through them with his daughter to help her remember her mother.

Is there any reason to think that he will dispose of them instead of keeping them?

Could you come to a compromise whereby he has some of the belongings and your parents keep others until their grand-daughter is 18?

BobQ

I can see his point of view but I would ask why it has become such an issue for him to ask.

Does her daughter know about the items? Sometimes a child can ask for such things. You know, "I am nearly 10 and why shouldn't I have Mum's ring (or whatever), its mine not theirs". Maybe its worth exploring if it is the father or the daughter that is really asking.

g6jns_2

BobQ wrote: »

I can see his point of view but I would ask why it has become such an issue for him to ask.

Does her daughter know about the items? Sometimes a child can ask for such things. You know, "I am nearly 10 and why shouldn't I have Mum's ring (or whatever), its mine not theirs". Maybe its worth exploring if it is the father or the daughter that is really asking.

Very sound advice. Grandparents have very few, if any, legal rights regarding their grandchildren. Failing to hand them over will only make matters worse. The grandparents need to try and build bridges not put them up.

getmore4less

Millie1972 wrote: »

No other assets, car was sold to pay toward funeral and no grants were obtained.

Child inherits, Father would be the default trustee.