Possessions of deceased

kellit35

My brother passed away leaving 3 children and a wife. Wife and brother separated but not legally. Brother lived with new partner for about 18months. I know the wife is his next of kin, but the girlfriend has all his possessions which she has said will not return. What can I do please. Thank you:mad:

Ok my brothers wife left him for someone else. No hard feelings on either part we still see her the children and his wife's family. We all got on fine. Obviously got on with the girlfriend and were there for her also. All I have asked for is a phone which my brother promised his son and his wife was giving the daughter here. I have asked for nothing else. She has flatly refused. Until that point we all got on. Thank you

Yorkshireman99

kellit35 wrote: »

My brother passed away leaving 3 children and a wife. Wife and brother separated but not legally. Brother lived with new partner for about 18months. I know the wife is his next of kin, but the girlfriend has all his possessions which she has said will not return. What can I do please. Thank you:mad:

Go to the police. She has no legal right top them. She has stolen them. You might give her seven days written notice first.

elsien

Although you might want to consider what possessions you are talking about. Some might be hers, some might be shared ones. Some might have sentimental value to her and not to anyone else. You are all grieving and emotions sometimes get ramped up. He was with his new partner for 18 months - I know legally the possessions are for the next of kin, but is there any chance of a sensible conversation about what belongs to who and who wants what? Might be less stressful in the long run.

kellit35

Police not interested I have an appointment with solicitor but not sure what else I can do

Margot123

No, sorry, disagree. The Police will simply tell you this is a 'civil matter'. For starters, how do you prove they were your Brother's possessions?

The idea of giving her written notice (without issuing any threats, of course) might be a good idea but be prepared to be ignored.

Keep_pedalling

kellit35 wrote: »

Police not interested I have an appointment with solicitor but not sure what else I can do

I'm not surprised, your bother and his partner were living together as a couple so it is very difficult to prove who owned what, and what were joint possessions. She could claim he gifted everything to her before he died, and you would not be able to prove otherwise.

If we are talking about someone's chattels without significant value, do you even want to go there. The poor woman has lost her partner and it sounds like you want her to hand over everything leaving her with nothing to remember him by.

The fault here lies with your brother for foolishly not making a will, I would not punish her for this, and would just let it go unless we are talking some priceless heirloom.

Jenniefour

What possessions are you talking about? I do hope this isn't about clothes and small personal items. I would be asking myself what would my brother have wanted if he had known he was going to die/had known the implications of not making a will.

I think this is a situation where what's legally who's needs to take second place to the fact that she was his partner and she was the person he chose to live with. Trying to strip her of any possessions of the late brother's which were in their home just because it's legal is, IMHO, cruel and disrespectful of their relationship, regardless of people's opinions of her. Has this got past the point where she may have been very happy to respond to polite requests for items of sentimental value? If not, a sensitive and respectful conversation might lead to some resolution.

RADDERS

But ignoring his wife, he has three children who have lost their father, surely they should be able to have his personal possessions as momentous of their father.
Just because he didn’t live with the children’s mother doesn’t mean that they shouldn’t have them.

Yorkshireman99

Margot123 wrote: »

No, sorry, disagree. The Police will simply tell you this is a 'civil matter'. For starters, how do you prove they were your Brother's possessions?

The idea of giving her written notice (without issuing any threats, of course) might be a good idea but be prepared to be ignored.

The police are taking the easy way out. Whilst I appreciate it may be difficult the ex partner needs to be reasonable. If there are valuable items such as a car then the OP needs to go back to the police and ask for the matter to escalated to a more senior officer not a desk clerk. Likewise if there are other valuable personal items that are clearly the deceased’s such as a watch or phone.

Keep_pedalling

Yorkshireman99 wrote: »

The police are taking the easy way out. Whilst I appreciate it may be difficult the ex,partner needs to be reasonable. If there are valuable items such as a car then the OP needs to go back to the police and ask for the matter to escalated to a more senior officer not a desk clerk. Likewise if there are other valuable personal items that are clearly the deceased’s such as a watch or phone.

The OP also needs to be reasonable, and not simply demand everything be handed over. Unless significant sums are involved involving the police is totally over the top. We are talking about a grieving partner here not some fly by night thief.

Ideally it would help if someone not emotionally involved in this whole affair could mediate between the partner and the sister and come to a mutual arrangement.

Margot123

Yorkshireman99 wrote: »

The police are taking the easy way out. Whilst I appreciate it may be difficult the ex partner needs to be reasonable. If there are valuable items such as a car then the OP needs to go back to the police and ask for the matter to escalated to a more senior officer not a desk clerk. Likewise if there are other valuable personal items that are clearly the deceased’s such as a watch or phone.

They are not taking the easy way out. They are acting within the Law, and will always encourage an amicable resolution before even considering any claims over rights of possession.
It is more likely they will become involved if the OP goes round to see the partner and ends up causing even more distress.