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  • FIRST POST
    • 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 childrenís 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 2
    • Yorkshireman99
    • By Yorkshireman99 17th Apr 18, 8:55 PM
    • 4,400 Posts
    • 3,638 Thanks
    Yorkshireman99
    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.
    Originally posted by Nicoled
    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.
    • mnevis
    • By mnevis 21st Apr 18, 12:15 PM
    • 5 Posts
    • 0 Thanks
    mnevis
    First step. Obtain a copy of the will and probate. Obtain a copy of the Land Registry document for the house to see whose name the property is registered in.
    Search for Find a Will
    Go to Land Registry to obtain property Registration document.
    Above refers to England and Wales.

    Find out the terms and conditions of the will if any. Make sure they are being complied with. Things such as insuring and maintaining property. You will surely have the right to inspect the property at regular intervals with notice. At your first inspection photograph the house inside and out and the gardens and boundaries, the extent of the garden and so on. Everything in detail. Carefully file and date the photos and start building up a photographic record. If the house is not being maintained you will have evidence to use against her to enforce her to maintain the property.

    You need confirmation of your legal rights in this matter. You need to exercise your rights of access to the property and inspection of the property and to exercise at your rights at every opportunity, regardless.
    • PasturesNew
    • By PasturesNew 21st Apr 18, 12:24 PM
    • 63,737 Posts
    • 373,169 Thanks
    PasturesNew
    When somebody dies it's only THEIR possessions which have to be dealt with under probate or in a Will. Nobody else's possessions.

    Anybody can buy a copy of a Will, you can do that, unseen/unknown, online. https://probatesearch.service.gov.uk/#wills

    I hope you get your treasured memories/mum's stuff back.
    • Nicki
    • By Nicki 21st Apr 18, 12:50 PM
    • 7,762 Posts
    • 27,725 Thanks
    Nicki
    When somebody dies it's only THEIR possessions which have to be dealt with under probate or in a Will. Nobody else's possessions.

    Anybody can buy a copy of a Will, you can do that, unseen/unknown, online. https://probatesearch.service.gov.uk/#wills

    I hope you get your treasured memories/mum's stuff back.
    Originally posted by PasturesNew
    OP is entitled to take back her childhood possessions. She could also retrieve her mother and grandmother's possessions provided her mother left these to her in her will. If the mother died intestate, or left everything to OP's father, then these possessions now belong to the second wife and there is nothing OP can do about this. If the mother is divorced from OP's father but still alive, the mother can reclaim her own possessions from the second wife but OP can't do this on her behalf.
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