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Dealing with beneficiary who has removed property to which she is not entitled

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  • Dealing with beneficiary who has removed property to which she is not entitled

    My sister snd I are executors of my mother's will and all of her "goods and chattels" were also left to us, although we have every intention of dividing them equally between all three siblings who also inherit equal shares of the rest of the estate. However my other sister has had access to my mother's flat and has removed two photographs, of which I would at least like to have copies, but she is refusing to return the photographs, to allow copies to be made and now even to discuss the matter at all.

    Can we withhold my sister's inheritance pending the return of the photographs?
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  • #2
    Hi Straightbat,

    Sorry it has come to this. It is always difficult when issues arise between siblings once a parent has died. Would your sister agree to arrange for copies to be made herself for you rather than returning the photo for you to copy it?

    Just trying to think of another way to deal. It would be sad for the estate distributions to be delayed due to the photo situation. It could get very nasty and technically your sister could apply to the Court for the distribution to go ahead. I anticipate a Court would see no reason to not distribute based on the monetary value of two photos. The Court could potentially make a costs order against the executors personally too which would not be helpful for anyone.

    I appreciate the sentimental value is important to you all but I would see if you can try and come to an agreement between you.
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