How can I legally oblige someone to hand over items taken from a deceased's house?

[Dev'sAd]

Hi.

I am the executor of my late friend's estate. Just prior to me being informed of their passing, and that I was the executor of their will, a person acting on behalf of their family - from whom they were estranged (near-zero communication, no 'warmth', and nothing at all left to any family member in the will) - gained access to their home, and removed some very important items, including documents that pertain to my friend's wishes following their passing. This person was, I'm pretty sure, acting innocently in their actions, and felt they were doing the 'right thing' on behalf of the family, but is now reluctantly caught between my late friend's family, and me as executor.

The family is erroneously trying to claim my friend passed away intestate, citing these documents, but refusing to hand them over. The person who took the items is uncertain how to act, and has passed the items to their own solicitor.

Bottom line is, these actions have put me - as executor - on the back foot, and in the position of having to be the one to make the 'challenge' against the family. I feel very confident that I am in the right, and the executor of the legitimate will, but the onus appears to now be on me to apply the required legal pressure.

Yes, I understand the usual procedure would be to engage a solicitor, but also realise that this will require an unknown amount of upfront funding. So, what I am looking for is a 'how to' guide in exerting the correct legal pressure on this person - which is what a solicitor would do at great expense.

I presume it'll involve a court order or injunction, but I don't know how to proceed. Can anyone advise, please? Thanks.

[PallasAthena]

Have you applied for probate yet? Put the solicitor who is holding the papers on notice in writing that you applying for probate and expect the solicitor to preserve all Estate papers and hand them over to you once probate is granted.

[atticus]

Do you have the will? Have you ever seen it?

[Dev'sAd]

Have you applied for probate yet? Put the solicitor who is holding the papers on notice in writing that you applying for probate and expect the solicitor to preserve all Estate papers and hand them over to you once probate is granted.

Thank you. Probable forms currently being completed. So, gaining probate needs to be done before taking action to retrieve the documents? Meanwhile, I just put them on notice of their responsibility to keep them secure?

[Dev'sAd]

Do you have the will? Have you ever seen it?

Hi. Yes, I have the valid, original will. Probate being applied for. Thanks.

[PallasAthena]

Technically you don't have to wait until Probate is granted but in this case relatives are disputing the validity of the Will and so denying that you are the Executor. Probate is confirmation from the courts that the Will is valid and that you are the Executor with legal authority to take possession of all Estate property and manage the assets and liabilities in accordance with the Will.

Write to both the person who took the papers/property and their solicitor (if you know who that is) as I suggested earlier. Make clear that as Executor you are the person legally entitled to take possession of those items and the items should be kept securely until passed over to you. The purpose of doing that is to dissuade anyone from destroying or disposing of any of the items before you get Probate. A solicitor will understand the legal implications although the solicitor could simply return them to their client (the person who took them).

[Dev'sAd]

Technically you don't have to wait until Probate is granted but in this case relatives are disputing the validity of the Will and so denying that you are the Executor. Probate is confirmation from the courts that the Will is valid and that you are the Executor with legal authority to take possession of all Estate property and manage the assets and liabilities in accordance with the Will.

Write to both the person who took the papers/property and their solicitor (if you know who that is) as I suggested earlier. Make clear that as Executor you are the person legally entitled to take possession of those items and the items should be kept securely until passed over to you. The purpose of doing that is to dissuade anyone from destroying or disposing of any of the items before you get Probate. A solicitor will understand the legal implications although the solicitor could simply return them to their client (the person who took them).

Thank you - that is clear.