Personal content rights

Kug46789

Hello!

After some general advice please? The whole situation has been long winded and an absolute nightmare to deal with so I will give the shorter version…

Following the loss of a family member in 2022, 3 family members have recently obtained ownership of a property left in a will. The property was originally left in a trust that was left to the daughter but the daughter signed it over to the other family members as she has decided she did not want the responsibility (Shorter version here as the longer version includes the daughter trying to dissolve the will/get the other trustee and beneficiaries taken off the will/ threatening to take the other family members to court to obtain all contents/property and estate as she “deserves all the money” and disowning her own children who offered to help her with paperwork/maintenance of the property)

The personal possessions that were left in the property have very slowly been cleared out by the daughter after she was given 2 or 3 dates by solicitors to have this completed by.

The whole situation has got abit messy after a falling out between the property owners and the daughter.

The property is due to go on the market to be sold but there are still contents in the garage and other out-buildings which need to be cleared out.

Where do the 3 family members stand in terms of the ownership of the contents? Do they need to wait for the daughter to clear it out or as the items are in a property they now have ownership of, is it their responsibility to clear it?

Any advice is appreciated

FlorayG

The contents are part of the estate. To whom was the 'residue of the estate' left? I would think that's the person who owns the items, or the executor should dispose of them for best possible value and give the money to that person.
If the house including contents was left to the daughter, I think she gave up that ownership along with the ownership of the house although again it depends on the wording of the will and the transfer document

Kug46789

Hello, the will states - "I give to my daughter ******* all my personal chattels as defined by section 55 of the administration of estates act 1925....."

FlorayG

Hm, it seems then it's all the daughter's stuff. If she won't move it, the executors might be able to do something?
Or, put the house on the market, state to any offers that it will be empty for possession, then when you accept an offer give the daughter X weeks to remove everything or else you will have a house clearance firm in to do it?

RAS

And if the "children" have any idea where dad banked, contact their bereavement teams and advise that they are concerned that the brother may not be acting according to the rules of intestacy. He has to give an undertaking to each provider that he will obey the rules.