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Being blocked from collecting possessions

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  • Being blocked from collecting possessions

    Hi, my parents left my brother and I their house 50/50. He lives in the house while he's trying to get a mortgage. Yesterday after a year of avoiding the place (bad memories and depression being the main reasons I've not been before) I finally decided to drop in and look for some paperwork I need to find a job. Some of my furniture, soft furnishings, hundreds of pounds worth of wool and crochet projects, general nick nacks are there because I lived there looking after my parents until they died.

    My brother won't let me look in any of the upstairs rooms, physically blocking me in the corridor. Won't let me into the garage or shed where he says he's put some things, after saying that he's thrown a lot away.

    I don't want to invade his home, I don't want to search in secret but equally I don't want him hovering saying that there's nothing in there and getting in my way at every turn. Which is what I got yesterday.
    ​​​He doesn't own the property and I'd like to search for my possessions. What rights do I have? If he's thrown things away can I ask to be compensated monetary wise?

    2. How do I approach this situation?
    Tags: None

  • #2
    Sorry I believe I've posted this in the wrong section

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    • #3
      Who are the executors of the Will? Yhey ned to work together unless one of them has agreed that the other would deal with matters.
      Last edited by Sam101; 2nd February 2022, 13:53:PM.

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      • #4
        Yes, if you are both executors then he can’t stop you.

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        • #5
          We are both executors. But that doesn't apply to this situation as I am trying to collect my own property from the house.

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          • #6
            I believe that it does apply unless the estate has been wound up, which it cannot do until the house sale is arranged.. When someone dies and appoints executors to act for them, it is their wish that they do it honestly, fairly and in a spirit that they would wish. Your Parents often rely on their children to get together and sort things out.

            As Executors, you are both legally responsible to carry out your respective duties unless you wish to resign your position as Executor and leave the management to the other.

            Therefore, your brother is acting badly which can only cause arguments and possibly result in one of you having to take formal steps to have the other Executor removed. That would be hurtful and could be very costly to you both.

            You should get together and calmly clarify what you both need to do. If he has disposed of assets, then you need to either accept it so far and move on. The alternative would be upsetting to your Parents who have worked so hard for you both.

            I do hope that you can resolve the present differences and move ahead the way your Parents would have wished.
            Last edited by Sam101; 7th February 2022, 07:13:AM.

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            • #7
              Thank you for the advice.

              I do have a legal right to collect my own property don't I?

              A few days ago I asked him to give me a time I can come and look for my things and collect them together ready to pick up at a later date. I'm going over tomorrow afternoon. Fingers crossed he's had a think and will let me look properly.

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              • #8
                Contact the Police to see if a PCSO will accompany you to prevent a breach of the peace.

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                • #9
                  It has been sorted. Most of my things have been thrown away, damaged and discarded in the damp shed so ruined. WW3 didn't break out. I talked to the police before posting on here. They were a last resort.

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