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Unreceived bequest

My Aunt passed away some time ago and in her will left me "her grandfather clock" and a few other small items. Her husband has refused me the clock on more than one occasion stating that it is his clock, and he had paid for it. He has today produced a photocopy of a had written document which is basically a had written receipt for the clock. Where do I stand legally ?

Comments

  • TonyMMM
    TonyMMM Posts: 3,433 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 9 October 2020 at 7:08AM
    She could only leave what was hers to give - if it was jointly owned, or her husband is claiming he bought it, then you face a legal fight to get it. 
    Can you prove she owned it ? ( did she perhaps inherit herself from another relative whose will you could use as evidence ?)
    You could try a letter sending a letter before action, but you would have to decide whether it is worth the potential fight.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As Tony says, she could only leave it to you if it belonged to her. Do you have any proof it was hers? 
    Would your uncle be willing to put a provision in his will that it comes to you after his death, so that you get it in due course? 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Thanks for your responses. That is probably the way things might go.

    The clock in question resided in my family home from 1968 and was bought as a replacement "family" clock to one that was taken by a family member after my Great grandmother passed away. My Aunt at this point was not married and lived in the family home. In fact they only married in 2002 approx 4 years before her death and moved out of the family house in the year 2000, taking the majority of family owned possessions with them. She left her finances and property in trust in order to provide income to run the house and cover overheads, as he had never provided for himself during their time together. She had said they only married (aged 72) to ensure he had a roof over his head. 
  • Malthusian
    Malthusian Posts: 11,055 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Would he sell it to you?
    It sounds like that might be the most likely route to getting the clock in your possession.
    The clock in question resided in my family home from 1968 and was bought as a replacement "family" clock to one that was taken by a family member after my Great grandmother passed away.
    Was bought by whom?
    If the answer is "the aunt" it was hers and is now yours, but it might be cheaper to buy it off him than pay solicitors to take it from him.
    In fact they only married in 2002 approx 4 years before her death and moved out of the family house in the year 2000, taking the majority of family owned possessions with them.
    This was 14 years ago and you're still badgering him about a clock?
    I've changed my mind, my advice is forget it and move on with your life.
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