Personal Posessions

Malthusian

Pennylane said:

Why should people have to pay to get items back that don’t belong to the person who “took” them?   

They shouldn't, but in this situation, not paying usually = no belongings, and the OP said they were willling to pay money to get them back.

They could sue the thief in the hope that they recover both the belongings and their legal costs, in which case they would eventually get the items back without paying, but that is highly risky. They could win in court, not get the belongings (because they've "disappeared") and not get their costs back either (because tea leafs often don't have any money).

In other circumstances HobgoblinBT's suggestion would be worth bearing in mind, but the OP is sole beneficiary.

Pawsee

Pennylane said:

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.😢

Thanks Pennylane…I’m so sorry that you are having to deal with this too….It seems that it happens more than we would care to imagine…yes…I too contacted the police…as I believe it is theft…but they said it was a civil matter.:.The items have no monetary value…just very sentimental….I’ve consulted a solicitor::.but this is going to cost me heavily…£230 he plus VAR…have been advised not even worth my time/cost to claim this money back…all to get items back that are rightfully mine…Families…🥲

Pawsee

Grumpy_chap 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?

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.

They were given to another family member by the care home  my Dad was in

TBagpuss

I think the issue is that for things which has sentimental but not financial value, the police don't get involved as they would struggle to reach the required standard of proof - theft requires a dishonest intent - once the owner is dead, the person taking the items can very easily say (and may in fact genuinely believe) that they would have wanted them to have the items / that they had given to them prior to death - you can't price a negative, and in addition, the police may well take the view that there is not public interest in seeking to prosecute for the possible theft of items with no financial value. 

You can of course request to speak to someone more senior if you are not happy with the initial response you get from the police, and moving forward, it's always wise to take steps to secure the house as soon as possible after someone has died, and to not allow people to just walk in and take stuff. 

Newly_retired

Pawsee said:

Grumpy_chap 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?

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.

They were given to another family member by the care home  my Dad was in

This puts rather a different perspective on it. Are you sure that the person who was given the possessions is reluctant to give them up? Have you written to them? I would be surprised if the care home had agreeed to store very much, espcially if valuable. They don't generally have much storage space.  What happened to all that was in the house when they went into the care home?

Ganga

Pawsee said:

Pennylane said:

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.😢

Thanks Pennylane…I’m so sorry that you are having to deal with this too….It seems that it happens more than we would care to imagine…yes…I too contacted the police…as I believe it is theft…but they said it was a civil matter.:.The items have no monetary value…just very sentimental….I’ve consulted a solicitor::.but this is going to cost me heavily…£230 he plus VAR…have been advised not even worth my time/cost to claim this money back…all to get items back that are rightfully mine…Families…🥲

Bloody worst rule change in football !!! ,sorry i know it is a typo /predictive text thing but could not resist ,no offence meant