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    • Nicoled
    • By Nicoled 17th Apr 18, 1:01 PM
    • 8Posts
    • 0Thanks
    Nicoled
    Right to posessions
    • #1
    • 17th Apr 18, 1:01 PM
    Right to posessions 17th Apr 18 at 1:01 PM
    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.
Page 1
    • lisyloo
    • By lisyloo 17th Apr 18, 1:07 PM
    • 22,500 Posts
    • 11,112 Thanks
    lisyloo
    • #2
    • 17th Apr 18, 1:07 PM
    • #2
    • 17th Apr 18, 1:07 PM
    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
    • By nom de plume 17th Apr 18, 1:09 PM
    • 729 Posts
    • 675 Thanks
    nom de plume
    • #3
    • 17th Apr 18, 1:09 PM
    • #3
    • 17th Apr 18, 1:09 PM
    .... 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. ......
    Originally posted by Nicoled
    These 2 points appear to contradict one another. Can you clarify?
    • Nicoled
    • By Nicoled 17th Apr 18, 1:29 PM
    • 8 Posts
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    Nicoled
    • #4
    • 17th Apr 18, 1:29 PM
    • #4
    • 17th Apr 18, 1:29 PM
    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
    • By Nicoled 17th Apr 18, 1:31 PM
    • 8 Posts
    • 0 Thanks
    Nicoled
    • #5
    • 17th Apr 18, 1:31 PM
    • #5
    • 17th Apr 18, 1:31 PM
    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
    • By Yorkshireman99 17th Apr 18, 2:29 PM
    • 4,509 Posts
    • 3,746 Thanks
    Yorkshireman99
    • #6
    • 17th Apr 18, 2:29 PM
    • #6
    • 17th Apr 18, 2:29 PM
    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.
    Originally posted by Nicoled
    It will be in the will.
    • buildersdaughter
    • By buildersdaughter 17th Apr 18, 2:30 PM
    • 221 Posts
    • 528 Thanks
    buildersdaughter
    • #7
    • 17th Apr 18, 2:30 PM
    • #7
    • 17th Apr 18, 2:30 PM
    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
    • By Cheeky_Monkey 17th Apr 18, 3:03 PM
    • 1,809 Posts
    • 3,865 Thanks
    Cheeky_Monkey
    • #8
    • 17th Apr 18, 3:03 PM
    • #8
    • 17th Apr 18, 3:03 PM
    Did your Dad write his Will before or after his marriage to this woman?
    I used to be indecisive - now I'm not so sure
    • Nicoled
    • By Nicoled 17th Apr 18, 4:39 PM
    • 8 Posts
    • 0 Thanks
    Nicoled
    • #9
    • 17th Apr 18, 4:39 PM
    • #9
    • 17th Apr 18, 4:39 PM
    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
    • By Nicoled 17th Apr 18, 4:42 PM
    • 8 Posts
    • 0 Thanks
    Nicoled
    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
    • By dresdendave 17th Apr 18, 5:57 PM
    • 778 Posts
    • 959 Thanks
    dresdendave
    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..
    Originally posted by Nicoled
    I am apparently not mentioned in the will for any possessions or money
    Originally posted by Nicoled
    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.
    • Nicoled
    • By Nicoled 17th Apr 18, 6:40 PM
    • 8 Posts
    • 0 Thanks
    Nicoled
    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
    • By Mojisola 17th Apr 18, 6:45 PM
    • 29,809 Posts
    • 76,406 Thanks
    Mojisola
    I have a letter from my dads solicitor stating that the house is in life trust for me
    Originally posted by Nicoled
    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
    Originally posted by Nicoled
    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
    • By Cheeky_Monkey 17th Apr 18, 6:50 PM
    • 1,809 Posts
    • 3,865 Thanks
    Cheeky_Monkey
    This is all rather confusing!

    Are you absolutely sure that you actually own the house? Do you have any proof of that?
    I used to be indecisive - now I'm not so sure
    • Savvy_Sue
    • By Savvy_Sue 17th Apr 18, 6:56 PM
    • 39,037 Posts
    • 35,916 Thanks
    Savvy_Sue
    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.
    Originally posted by Nicoled
    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.
    Still knitting!
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    • Nicoled
    • By Nicoled 17th Apr 18, 7:00 PM
    • 8 Posts
    • 0 Thanks
    Nicoled
    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
    • By Yorkshireman99 17th Apr 18, 7:08 PM
    • 4,509 Posts
    • 3,746 Thanks
    Yorkshireman99
    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
    • By Cheeky_Monkey 17th Apr 18, 7:16 PM
    • 1,809 Posts
    • 3,865 Thanks
    Cheeky_Monkey
    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.
    Originally posted by Nicoled
    So, for all you know, she might now be the legal owner!
    I used to be indecisive - now I'm not so sure
    • Yorkshireman99
    • By Yorkshireman99 17th Apr 18, 7:31 PM
    • 4,509 Posts
    • 3,746 Thanks
    Yorkshireman99
    So, for all you know, she might now be the legal owner!
    Originally posted by Cheeky_Monkey
    Which is why the OP needs to make urgent checks.
    • Nicoled
    • By Nicoled 17th Apr 18, 8:36 PM
    • 8 Posts
    • 0 Thanks
    Nicoled
    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.
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