Claiming deceased persons belongings with no will

[jamie2283]

My father passed away 4 months ago and left no will. He was unmarried but had a girlfriend who he lived with for the last 6 months before he died (the property is her mothers). As such all of my fathers belongings (which i believe revert to me as sole next of kin) are at her home and she is not allowing me access to them.

Since his funeral, I have not seen her and she is refusing to answer my phone calls or reply to any of my letters. Therefore I got a lawyer to write to her 2 months ago asking her to release the belongings but she has still not responded.

What can I do to get the belongings back? The value of the possessions is less than £3000, are not jointly owned and are mostly of sentimental value.

[des8]

Re: Claiming deceased persons belongings with no will

Welcome.
Sorry to hear of your loss.
I would think that you will have to apply for a grant of letters of administration.
This will make you the administrator of your late father's estate and therefore the person who has the legal right to deal with his possessions in the set order of priority. Once you are legally responsible the courts will be on your side, if it should unfortunately come to that.

[wales01man]

Re: Claiming deceased persons belongings with no will

Why didnt the solicitor advise this?

[enquirer]

Re: Claiming deceased persons belongings with no will

Make a complaint of theft and get a crime number. Then go back and inform her that the police are 'now investigating'.

[wales01man]

Re: Claiming deceased persons belongings with no will

Can it be theft when its the property of the deceaseds estate for which probate or letters of administration have not been granted?

[CleverClogs]

Re: Claiming deceased persons belongings with no will

Make a complaint of theft and get a crime number. Then go back and inform her that the police are 'now investigating'.

And then she'll just throw the stuff away.

Get Letters of Administration and then, if she hasn't returned the items or allowed them to be collected, send her a Letter Before Action demanding the return of the items or value thereof, rating the value at £5,000.