Personal Posessions

Pawsee

My late father’s belongings were taken by a family member…I do not have any contact with them…nor wish to…I am Sole Executor and Sole Beneficiary of his estate…What legal steps can I take to enforce the return of these goods?

TBagpuss

In the first instance, write and request them. 

You could report them as stolen, especially if you have proof that they were taken after your father died and not gifted by him prior to his death. Obviously you would have to decide whether you wanted to do that, given the inevitable family fall out that would ensue

were the items of any financial value? I appreciate that you may want them for sentimental reasons but most legal options would be to some degree dependent on the financial value , and if the items had no / little financial value that might also affect whether the or nt the police would get involved if you did report it as theft. 

Keep_pedalling

You have to balance whether you want to go through a long and possible fruitless pursuit of getting the things back, or just letting it go.

is this a disinherited sibling by any chance?

Pennylane

Pawsee - I am in exactly the same position. It seems that people can just go into the  house, take what they like and nothing can be done about it.In our case the police said it was nothing to do with them, it was a civil matter. i asked a solicitor and he just shrugged and said once items disappear there is nothing you can do. I want the sentimental items my parent has left to me in their will but they are long gone.  I have asked for them to be returned but my letters get ignored.    I am so sorry you are in this position too.😢

Doshwaster

I'm sure this happens after every death. People suddenly appear out of the woodwork to help themselves to anything they can get their hands on.

My grandad had an antique pocket watch which had been passed down through the generations from father to eldest son but when he died it magically went missing before my dad could claim it.

Grumpy_chap

Pawsee said:

My late father’s belongings were taken by a family member…I do not have any contact with them…nor wish to…I am Sole Executor and Sole Beneficiary of his estate…What legal steps can I take to enforce the return of these goods?

How were the belongings taken?
What are the nature of the belongings that have been taken?
Depending on the nature and value of the belongings, it may not be worth the effort of pursuing recovery.

Your best practical step may be to secure your father's house - if you are sole Executor and sole Beneficiary, you coudl change the locks on the house, for example.  That will prevent further access.

Flugelhorn

Doshwaster said:

I'm sure this happens after every death. People suddenly appear out of the woodwork to help themselves to anything they can get their hands on.

My grandad had an antique pocket watch which had been passed down through the generations from father to eldest son but when he died it magically went missing before my dad could claim it.

I agree - I went to visit a cousin of my mother once, we had a lovely time. I am particularly interested in family history and she had loads of resources / bibles / books / paintings / possessions .... etc etc that had come from my great grandparents only afterwards did it occur to wonder how she got them and not the other descendants - I gathered later from mother it was a case of they took what they wanted because they felt entitled 

Malthusian

Pawsee said:

My late father’s belongings were taken by a family member…I do not have any contact with them…nor wish to…I am Sole Executor and Sole Beneficiary of his estate…What legal steps can I take to enforce the return of these goods?

Have you made the family member an offer for them?

You were already considering spending money to recover them, and unless the items were very valuable, it may be cheaper to pay the family member for them than to pay lawyers to try to recover them.

Plus the former option is risk-free; if you don't get the items back you keep your money, whereas via the legal route you could spend thousands or more and get nothing.

Pennylane

Malthusian said:

Pawsee said:

My late father’s belongings were taken by a family member…I do not have any contact with them…nor wish to…I am Sole Executor and Sole Beneficiary of his estate…What legal steps can I take to enforce the return of these goods?

Have you made the family member an offer for them?

You were already considering spending money to recover them, and unless the items were very valuable, it may be cheaper to pay the family member for them than to pay lawyers to try to recover them.

Plus the former option is risk-free; if you don't get the items back you keep your money, whereas via the legal route you could spend thousands or more and get nothing.

Why should people have to pay to get items back that don’t belong to the person who “took” them?    Some people are so spiteful and devious that they take what they want (in my case items bequeathed to ME in the will. ).  They ignore letters asking for them to be returned and refuse to communicate. My items have massive sentimental value but I imagine the person who took them has burned them in their log burner to spite me.  

HobgoblinBT

Is the person who took them a beneficiary to the estate?

 If so consider taking account of their value when dealing with any inheritance due to them.

Newly_retired

An executor would be wise to change the locks ASAP, to prevent other key holders gaining access to the deceased’s home. Too late, in this instance.