Right to posessions

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Nicoled
Nicoled Posts: 8 Forumite
in Deaths, funerals & probate
My father has recently died, and according to his wife of 9mths whom I do not get on with, I have been left nothing in his will apart from my family home has been left in a life trust for me. This entitles his new wife to live there and I inherit on her death. However within the house are some of my childhood possessions, my mums and my mans possessions. I have asked the new wife if I could please collect these as they have memories for me,( i do not want furniture etc) but she has refused as they have been left to me on her death. I feel this is unfair as she has admitted she has thrown out her own children’s things upon marrying my father and I am afraid that by the time she dies she will have done the same with my families possessions. I have yet to see the will and apparently will not as I am not named in it. Do I have any legal right to these things as I have no proof they are mine, but they clearly are not hers.
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  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    Do you have any proof at all that these things are yours? e.g. photos of you paying with a possession as a child?

    why do you say they are clearly not hers?
  • nom_de_plume
    nom_de_plume Posts: 959 Forumite
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    Nicoled wrote: »
    .... I have been left nothing in his will apart from my family home has been left in a life trust for me.......

    ...... I have yet to see the will and apparently will not as I am not named in it. ......

    These 2 points appear to contradict one another. Can you clarify?
  • Nicoled
    Nicoled Posts: 8 Forumite
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    I have no proof such as photos as all family photos are in the house, my mum told me that all her mums things she’s kept such as ornaments etc where to go to me eventually but I have no proof of this. They are not the new wife’s as they have been in the family for years, she knows this and is not disputing they are my family’s merely that she won’t let me have them.
  • Nicoled
    Nicoled Posts: 8 Forumite
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    I am apparently not mentioned in the will for any possessions or money, I have a letter from my dads solicitor stating that the house is in life trust for me but I do not know if this is mentioned in the will.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Nicoled wrote: »
    I am apparently not mentioned in the will for any possessions or money, I have a letter from my dads solicitor stating that the house is in life trust for me but I do not know if this is mentioned in the will.
    It will be in the will.
  • buildersdaughter
    buildersdaughter Posts: 482 Forumite
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    This is very sad- is there another, more neutral, trusted family member who could approach her? If so, they could perhaps accompany you to ensure that you don't take anything she feels is 'hers'.
    If there is no-one, and you can afford it, the I'd consider contacting the family solicitor and asking their advice. I have known some similar (although possibly legally different situations) in which such possessions can be recovered.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
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    Did your Dad write his Will before or after his marriage to this woman?
  • Nicoled
    Nicoled Posts: 8 Forumite
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    Unfortunately there is no more family on my side except my aunt who is 98 and housebound. Her family have helped me in the past where she has tried to block me from seeing my father so I may have to ask them again. I am not in the position to afford a solicitor and she is aware of this. I will write to my fathers solicitor and see what response I get there.
  • Nicoled
    Nicoled Posts: 8 Forumite
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    The will has been changed along with power of attorney many times since their marriage as the new wife wanted me to have nothing, she systematically removed all my dads old friends, had his dog put to sleep and threatened me with a restraining order if I went near my dad. Even the social workers in hospital warned her she could be had for imprisonement and psychological abuse.
  • dresdendave
    dresdendave Posts: 889 Forumite
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    Nicoled wrote: »
    However within the house are some of my childhood possessions, my mums and my mans possessions. I have asked the new wife if I could please collect these as they have memories for me,( i do not want furniture etc) but she has refused as they have been left to me on her death..
    Nicoled wrote: »
    I am apparently not mentioned in the will for any possessions or money

    This is quite confusing. If you are not mentioned in the will regarding possessions how have they been left to you upon the death of your father's wife?

    Playing devil's advocate, if your father left everything to his wife, with the exception of the house itself, then the possessions formed part of the household contents so now actually do belong to the wife. Obviously that's not what you want to hear but what's legal and what's fair are two different things.
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