The question is: Is this a matter of theft or civil or both and if both why?
You and your sibling are equal beneficiaries of your father's Will.
Your father died in Spain and was buried in Spain. October 2022
He has a social security number in Spain making full use of all government services including free healthcare
There is only ONE Will and it's in Spain.
There is no Will in the UK
There is a house in the UK and there is a house in Spain
Your sibling states that he knows everything about your father's estate
You agree with him to start the process and he agrees to let you know about everything as and when it is happening
He tells you that the legal firm representing the Will is also representing you as well
You need to remind him to be transparent
He declares that you are lucky that you are in the Will
You start to smell something fishy...
You ask if the house in the UK is on the market - it is and it's barren
Where is everything? but you are presented with bin bags filled with haberdashery
You then demand to know who is the administrator of the estate and is this firm representing you
You are informed that your sibling has applied to be administrator and the firm isn't representing you
His solicitors decide to classify your father's domicile in the UK
You then discover that if you instruct your own representation, you will have to pay for your costs, but your sibling will not
You also learn that your sibling applied for administrator the day AFTER you demanded to know who was doing this role
You impose a CAVEAT into the Probate office where everything grinds to a halt.
There is no probate granted
There is no administrator and never was....
You find a letter dated the month after your father's death with an auction house but they value the house ( you never see this letter until January 2024)
You find items belonging to your father listed for sale by antique dealers that tell you that they bought these items from the very same auction house that has declared to your previous solicitor that they never acted for your father or your sibling.
In that letter to the auction house, no evidence was presented to them and it seems obvious that they would simply say 'Nothing to see here!'
You have 2 antique dealers who wrote to you that they have seen items from your father's house at an auction at the beginning of 2023 - the same auction house that denied selling anything on behalf of your father's estate or your sibling
You review photos of your father's previous and present house and the items listed by this auction house from November 2022 to October 2023 and find about 20 items that you can identify as belonging to your father
Two stand out. One was definitely in his last house and the other was identified by an antique dealer who told you that this item was extremely rare and he knew this item to belong to your late father - presently on the market for £5750
The only people who had keys to the house in the UK were your sibling and the auction house
You don't have keys
You are told by the auction house that they will not engage with you but you can engage with the estate solicitors
The auction house threatens you with harassment if you turn up unannounced to their auction house and estate agents again
So how did the items get from the UK house to the Auction house?
The items were taken out of your father's house, by someone X, taken into stock to this auction house - known to you and the items all sold
Who benefitted from this auction?
The auctioneer and someone X
None of the sold items are listed in the IHT list
None of the sold items are listed in the auction estimate made by a separate auction house
In terms of Theft or Civil which is it?
Theft? Why or Why not?
Civil? Why or Why not?
Both Theft and Civil? Why?
You and your sibling are equal beneficiaries of your father's Will.
Your father died in Spain and was buried in Spain. October 2022
He has a social security number in Spain making full use of all government services including free healthcare
There is only ONE Will and it's in Spain.
There is no Will in the UK
There is a house in the UK and there is a house in Spain
Your sibling states that he knows everything about your father's estate
You agree with him to start the process and he agrees to let you know about everything as and when it is happening
He tells you that the legal firm representing the Will is also representing you as well
You need to remind him to be transparent
He declares that you are lucky that you are in the Will
You start to smell something fishy...
You ask if the house in the UK is on the market - it is and it's barren
Where is everything? but you are presented with bin bags filled with haberdashery
You then demand to know who is the administrator of the estate and is this firm representing you
You are informed that your sibling has applied to be administrator and the firm isn't representing you
His solicitors decide to classify your father's domicile in the UK
You then discover that if you instruct your own representation, you will have to pay for your costs, but your sibling will not
You also learn that your sibling applied for administrator the day AFTER you demanded to know who was doing this role
You impose a CAVEAT into the Probate office where everything grinds to a halt.
There is no probate granted
There is no administrator and never was....
You find a letter dated the month after your father's death with an auction house but they value the house ( you never see this letter until January 2024)
You find items belonging to your father listed for sale by antique dealers that tell you that they bought these items from the very same auction house that has declared to your previous solicitor that they never acted for your father or your sibling.
In that letter to the auction house, no evidence was presented to them and it seems obvious that they would simply say 'Nothing to see here!'
You have 2 antique dealers who wrote to you that they have seen items from your father's house at an auction at the beginning of 2023 - the same auction house that denied selling anything on behalf of your father's estate or your sibling
You review photos of your father's previous and present house and the items listed by this auction house from November 2022 to October 2023 and find about 20 items that you can identify as belonging to your father
Two stand out. One was definitely in his last house and the other was identified by an antique dealer who told you that this item was extremely rare and he knew this item to belong to your late father - presently on the market for £5750
The only people who had keys to the house in the UK were your sibling and the auction house
You don't have keys
You are told by the auction house that they will not engage with you but you can engage with the estate solicitors
The auction house threatens you with harassment if you turn up unannounced to their auction house and estate agents again
So how did the items get from the UK house to the Auction house?
The items were taken out of your father's house, by someone X, taken into stock to this auction house - known to you and the items all sold
Who benefitted from this auction?
The auctioneer and someone X
None of the sold items are listed in the IHT list
None of the sold items are listed in the auction estimate made by a separate auction house
In terms of Theft or Civil which is it?
Theft? Why or Why not?
Civil? Why or Why not?
Both Theft and Civil? Why?