Possessions of deceased

Jenniefour

You might need someone to make this request for you, as suggested by Keep pedalling, or think about how to ask her in a way that is more likely to get a positive response. I wonder if an apology might help here. Sounds like things probably got off on the wrong foot, and when everyone is upset after a bereavement of someone close it can happen very easily.

stormbreaker

Yorkshireman99 wrote: »

The police are taking the easy way out.

Not a police matter. It's civil and should if need be dealt with by a solicitor.

Op should perhaps make a direct request to the girlfriend, if not already done so, not involving her sister in law.

Yorkshireman99

stormbreaker wrote: »

Not a police matter. It's civil and should if need be dealt with by a solicitor.

Op should perhaps make a direct request to the girlfriend, if not already done so, not involving her sister in law.

Theft is a criminal matter. However since the OP has not said if any valuables are involved then I doubt if the costs of a solicitor are worthwhile.

Margot123

To be classed as 'theft' it has to meet certain criteria such as 'intent to permanently deprive' after the OP has proven that the items were 'belonging to another'.
So, no The Police, will not become involved, and are not 'taking the easy way out'.

pollypenny

A difficult one. Even it's something expensive, such as a car registered in his name, it is probably the family car.

Sensitive approach is needed if the children are to have any meaningful items belonging to their father.

Norman_Castle

kellit35 wrote: »

I want something and so do his children to remember there daddy and my brother a price if clothing anything.

Have you explained this or have you asked for his possessions which is likely to include a tv, bed, fridge etc?
Specifically, what do you want?

Isn't there a legal process that dictates how a deceased persons possessions and debts are handled?

Yorkshireman99

Margot123 wrote: »

To be classed as 'theft' it has to meet certain criteria such as 'intent to permanently deprive' after the OP has proven that the items were 'belonging to another'.
So, no The Police, will not become involved, and are not 'taking the easy way out'.

I agree it is a difficult situation but if valuables such as a car regisatered in the deceased's name are involved then it will be hard to prove otherwise even though registration is not proof of ownership. It is not unusual for all sorts of theft to occur in such circumstances from petty to serious..Unfortunately the OP has not clarified exactly what possessions are involved.

TonyMMM

The value of the possessions is irrelevant in deciding whether or not a theft has (or may have taken) place. This is a dispute about the legal ownership of property - there is no way the police will (or should) get involved.

Yorkshireman99

TonyMMM wrote: »

The value of the possessions is irrelevant in deciding whether or not a theft has (or may have taken) place. This is a dispute about the legal ownership of property - there is no way the police will (or should) get involved.

How does that logic work? If, as was suggested in the original post, the ex partner intends to permanently keep the items that do not belong to her that is by definition theft. No ifs, ands, buts or maybes. If the possessions are low value items such as clothes then the de minimis principle applies. If there is theft of significant value then it IS a police matter even though they may be reluctant to act. As I said before the OP has still not specified what items she is talking about.

Margot123

It appears to me that the OP started this thread with a fair bit of tension running high, which is quite natural following a bereavement.
However they now say the family would just like some keepsakes. This is a much better approach, and hopefully appeal to the sensitive side of the 'new' partner (of 18 months).
Going down the route of trying to prove who owned what, is simply a waste of emotional effort in the long run.