Can you remove items from a house before you know who it's left to?

L.S.D.

Can you remove items from a house before you know who it's left to? Is there a way to report it?

FlorayG

Technically it's theft but most families do it. I think if the items are valuable you could inform the police. If it's just bits of china or furniture it's probably not worth the bother
and if the will says " I leave my XXX to John" and Jane has already taken XXX, John can go round to her house and ask for it back because it's legally his

Linton

L.S.D. said:

Can you remove items from a house before you know who it's left to? Is there a way to report it?

It rather depends on who "you" are.  If you are the executor it would be very reasonable/prudent to take valuable items from the house to keep them safe.

If you have no such authority and the estate has yet to be distributed then you as a private individual cannot take the deceased's assets unless perhaps you could definitively prove that the items were in fact your property prior to the death.  Just because the will says something is to be left to someone it doesnt necessarily mean that the someone will actually get it since the estate's debts may exceed its value causing the object to be sold.  So everyone must wait until the assets are formally distributed by the executor.

Taking things without authority could be a crime. If you are aware it has happened you should report it to the executor.  If you are the executor you should take steps to retrieve the asset, possibly in the end through the courts or the police.  Of course the value of the asset may be less than the cost of getting it back.

If you gave more details people could give a more specific answer or suggestion.

RAS

The executor would be wise to inventory and remove any valuables and stuff of sentimental value. And evidence of finances and accounts. 

If they are dealing with social housing they may be under pressure to clear the place within weeks.

L.S.D.

Thanks for the replies. I am a friend of the person who died. I have no entitlement to anything, so I don't care who gets his property, so long as it's the right person. The funeral was one day, the next day the family started moving everything out. It was let slip to me by one of the family that they don't know of a will. A close neighbour told me he had left a will to a person in another town. I know they have already moved out many thousands of pounds of items. It seems my friend disliked, and disowned the family, and wanted nothing to do with them. If there was a will in the house, I doubt it still exists. All I want to do is let the relevant authorities find who the belongings should go to, even if ultimately it is the family. I want nothing more than to let the right people deal with it, after that I want nothing more to do with it.

Linton

L.S.D. said:

Thanks for the replies. I am a friend of the person who died. I have no entitlement to anything, so I don't care who gets his property, so long as it's the right person. The funeral was one day, the next day the family started moving everything out. It was let slip to me by one of the family that they don't know of a will. A close neighbour told me he had left a will to a person in another town. I know they have already moved out many thousands of pounds of items. It seems my friend disliked, and disowned the family, and wanted nothing to do with them. If there was a will in the house, I doubt it still exists. All I want to do is let the relevant authorities find who the belongings should go to, even if ultimately it is the family. I want nothing more than to let the right people deal with it, after that I want nothing more to do with it.

If there is no will then the spouse, if any, and then the blood relations, get everything.   You would appear not to have any evidence that anything is amiss and that the correct procedures are not being followed so I cant see anyone in authority taking any interest beyond ensuring appropriate taxes are paid. By and large "the relevent authorities" give the executor free rein to do as he/she wishes until someone with a strong case takes the executor to court (or threatens to).  Court proceedings are expensive, especially for the loser.

If your friend owned his house and it was sold probate would be required to sell it.  There would be publicly available official documentation. Probate would require an executor or administrator (in the case of there being no will) to be appointed.

Perhaps if you want to act as Sherlock Holmes you could look for real evidence from this "person in another town".  

L.S.D.

Linton said:

L.S.D. said:

Thanks for the replies. I am a friend of the person who died. I have no entitlement to anything, so I don't care who gets his property, so long as it's the right person. The funeral was one day, the next day the family started moving everything out. It was let slip to me by one of the family that they don't know of a will. A close neighbour told me he had left a will to a person in another town. I know they have already moved out many thousands of pounds of items. It seems my friend disliked, and disowned the family, and wanted nothing to do with them. If there was a will in the house, I doubt it still exists. All I want to do is let the relevant authorities find who the belongings should go to, even if ultimately it is the family. I want nothing more than to let the right people deal with it, after that I want nothing more to do with it.

If there is no will then the spouse, if any, and then the blood relations, get everything.   You would appear not to have any evidence that anything is amiss and that the correct procedures are not being followed so I cant see anyone in authority taking any interest beyond ensuring appropriate taxes are paid. By and large "the relevent authorities" give the executor free rein to do as he/she wishes until someone with a strong case takes the executor to court (or threatens to).  Court proceedings are expensive, especially for the loser.

If your friend owned his house and it was sold probate would be required to sell it.  There would be publicly available official documentation. Probate would require an executor or administrator (in the case of there being no will) to be appointed.

Perhaps if you want to act as Sherlock Holmes you could look for real evidence from this "person in another town".  

No need for sarcasm?. At this moment no one knows if there is a will or not, he did tell a neighbour he had made a will to another person, my only concern is that the person who should get the procedes may not get as much, as a lot has been taken by the family who may not be entitled to it. I want nothing to do with it, apart from helping my friends last wishes be upheld. I was hoping there was some authority that would deal with it, & I could leave it with them, and then I could just forget about it.

sheramber

The only way to establish if there is a will is to  trace it.

 If nobody knows where it is , if it exists and is legally completed, there is not much anybody can do.

When you say he made a will ‘on’ somebody do you mean he gave them the Will to hold or that he bequeathed his estate to that person?

L.S.D.

We seem to be going round in circles. From my limited knowledge, and personel experience, no one should be going into a house and emptying it, when no one knows if there is a will or not. There is a strong suggestion that he left a will, but at this moment no one knows where, or if it exists. Until it is established whether or not there is a will, no one should be removing property. All I want to do is tell the appropriate people, so the correct procedure is followed and no one takes property that does not beong to them. I am not Sherlock holmes, just a concerned friend.

doodling

Hi,

If there is a will then the appropriate person to tell about this is the executor (or maybe the beneficiaries).

If there is no will then the appropriate people to tell about this are the family (it seems they are already aware!).

There are no "relevant authorities" who make sure that this stuff is done correctly.  It is up to those involved who believe they have a right to assert that right, if they don't then whatever happens, happens.

In this case, unless you know that there is a will and who the executor and/or beneficiaries are then there is little that can be done.

Sea_Shell

As above, there isn't any one "authority" you can report this too.

Will = executors
No will = (closest) immediately family 

You just can't ensure things are done "properly", so no point trying IMO.