Getting Property Back

HappyMJ

She left 5 years ago. I wonder if the items still exist at all.

You could try the legal route. Write a letter before action then raise a claim in the county court. It's not cheap though and it's doubtful you'll recover any court fees if the defendant has no money.

duchy

If she left 5 years ago and still isn't mentally strong enough to deal with her Mum.... I'd let sleeping dogs lie . What has changed that after 5 years these items have become important to her again?

If you daughter isn't prepared to give evidence against her mother in court then small claims is out so your choices are limited especially after such a long time . My first reply assumed months not years since she left.

pmlindyloo

Gifts to children

Gifts to a child under the age of 18 will normally be held by the executors for safekeeping until the child reaches 18, unless you state in your Will that the child's parent or guardian may take receipt of the gift on the child's behalf.

A common way to pass gifts to children is to set up a trust, especially when making arrangements in your Will for your own children. For more information, see our section on Trusts.

The above is usually the case when the gifts have been made by a will by the death of a member of the family.

So, were these gifts made this way or from someone living?

If through a will then it would usually be the executor who would deal with these gifts.

If gifts made from someone living then can that person get involved?

NikNox

Thank you all, it's a very delicate situation, potentially very volatile, hence asking for advice on the legality of it. We haven't just started asking for these items, we've been asking for them for the past 4 years. We have always suspected they're lost or sold because she has a history of selling SD's stuff that was given to her by members of my husbands family. We learned when she was 3 not to send her back in any nice clothing that we'd bought her because it got sold. Sad but true. These items are of sentimental value and my mother-in-law wants her engagement ring back desperately because it was her mothers.

I think we'll try a letter, advising further action will be considered if she doesn't return them. My stepdaughter really isn't able to go there, even with her dad.

NikNox

Also, two items were given by my mother-in-law - the engagement ring and the locket. She has asked for both items to be returned numerous times over the years. She was told once that the ring had broken and would be fixed before being returned, but she said not to bother getting it fixed & just to return it. The bracelet was given by an uncle on my husbands side, and he too has asked directly for it back.

paddy's_mum

When someone gives you a catalogue of reasons why something can't happen, it's almost certainly to cover up a lie - or 50!

I'd bet money that the items are long gone and that you are all banging your heads on a brick wall.

In your shoes, I'd let the whole matter go on the grounds that you are inviting in nothing but more trouble and all the lockets in the world aren't going to compensate for that.

NikNox

Indeed, we do believe these items are long gone too. However, as she stated to me last week that they would be returned "when it's the right time" she has indicated they are still in her possession. Therefore we want to at least try a bit more to either get her to return them, or admit their demise. For my SD there's a massive principle here, which I can understand.

RAS

I really would suggest that even if your SD wants no contact, she is much more likely to get the goods back (if they are still available), if she at least signs the letter to her mother.

That way her mother has to deny her daughter rather than play mind games with ex relatives she probably loathes and enjoys winding up.

AnnieO1234

For my two pence I think you may struggle via court. The mother is clearly stating that the items will be passed onto daughter at some point in the future, to me this is intimating that she is saying that her daughter will inherit them eventually which may be up to and including the mother's death.

Does the daughter have specific proof the items are hers? xxx

NikNox

AnnieO1234 wrote: »

For my two pence I think you may struggle via court. The mother is clearly stating that the items will be passed onto daughter at some point in the future, to me this is intimating that she is saying that her daughter will inherit them eventually which may be up to and including the mother's death.

Does the daughter have specific proof the items are hers? xxx

Not specific proof as in anything written down, no. However, the locket was a gift when she was born from my mother-in-law to her, the bracelet was a gift from my mother-in-law's brother for her naming ceremony, and the engagement ring is my mother-in-laws. None of the items were given to her by her mother's side of the family. My mother-in-law has asked for the items, specifically the ring and was told it was broken and would be fixed before being returned (which my MIL suspected at the time meant it had either been lost or sold), and her brother has also asked directly for the bracelet to be returned. We have asked numerous times for all the items to be returned. I'm afraid that my SD's mother is a very callous woman, and has sold items of value that were given to my SD on birthday's etc. She also withdrew and spent £500 that was put in a savings account by my MIL for my SD.


It is therefore unlikely that the items are still in her possession, despite her saying "I will give them to her when the time is right". That's just her way of stalling. It could be argued that we should just leave it, because it's unlikely the items are even there to be returned. However, my SD wants her mother to either return them, admit they're lost or admit they're sold. I'm sorry to say that this poor girl has a lot of very deep issues with her mum, and this is very important to her.