Right to posessions

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  • Nicoled
    Nicoled Posts: 8 Forumite
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    The possessions will go to me as they will be left in the house when she dies and there is no one else to claim them apart from her children so therefore I assume they return to me. I understand that if everything was left to the wife this includes posessions and realise that what is fair does not go hand in hand with the law, however why would someone want photos of people not related to her, childhood toys and christening items and items belonging to my mother other than to be cruel. I merely want to have what I feel is mine and know in the case of toys etc. And wondered if there is any way of claiming them. My worry is that she will sell off family items so by the time she dies there will be none of it left.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Nicoled wrote: »
    I have a letter from my dads solicitor stating that the house is in life trust for me
    Nicoled wrote: »
    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

    It's not usual for the life trust to include belongings, just the property.

    Depending on the wording of the will, all your Dad's personal possessions most likely now belong to his widow.

    If probate has been granted, you can buy a copy of the will and see exactly what it says.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
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    This is all rather confusing!

    Are you absolutely sure that you actually own the house? Do you have any proof of that?
  • Savvy_Sue
    Savvy_Sue Posts: 46,024 Forumite
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    Nicoled wrote: »
    The possessions will go to me as they will be left in the house when she dies and there is no one else to claim them apart from her children so therefore I assume they return to me. I understand that if everything was left to the wife this includes posessions and realise that what is fair does not go hand in hand with the law, however why would someone want photos of people not related to her, childhood toys and christening items and items belonging to my mother other than to be cruel. I merely want to have what I feel is mine and know in the case of toys etc. And wondered if there is any way of claiming them. My worry is that she will sell off family items so by the time she dies there will be none of it left.
    I hate to break this to you, but unless these possessions have been left to you either in your mum's will or your dad's will, then they are not yours, and your assumption that they will return to you as they will be left in the house has no basis in fact.

    I would continue to press to have them now, BUT if you do not get them now then there is nothing to stop her getting rid of them well before her death.
    Signature removed for peace of mind
  • Nicoled
    Nicoled Posts: 8 Forumite
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    No I don!!!8217;t know for definite all I have is my fathers word and the solicitors letter stating the property is in trust to me. My other concern is how does the upkeep on the house work whilst the wife lives there, she could let it go to rack and ruin, stop paying insurance and I won!!!8217;t know until it is too late.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    You can buy a copy of the will for £10. Usually the life tenant is obliged to insure aD maintain it. If not you can take her to court to enlfoce this. Not easy, or cheap, but she can be forced to pay the costs. The secret is to enforce it right from the start. The executors also need to tell her.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
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    Nicoled wrote: »
    No I don!!!8217;t know for definite all I have is my fathers word and the solicitors letter stating the property is in trust to me. My other concern is how does the upkeep on the house work whilst the wife lives there, she could let it go to rack and ruin, stop paying insurance and I won!!!8217;t know until it is too late.

    So, for all you know, she might now be the legal owner!
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Cheeky_Monkey wrote: »
    So, for all you know, she might now be the legal owner!
    Which is why the OP needs to make urgent checks.
  • Nicoled
    Nicoled Posts: 8 Forumite
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    How do I enforce it, I am not allowed round. Do I have any legal right like a landlord does to do 6 mthly checks.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Nicoled wrote: »
    How do I enforce it, I am not allowed round. Do I have any legal right like a landlord does to do 6 mthly checks.
    First you need to check the willl see from it exactly what rules have been specified. Once you know what your rights are then you can see about enforcing them. You will probably need some professional assistance.
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