property theft

[marantz]

my sister passed away 26/12/2014 , her ex partner removed all property / clothes , shoes , electrical , ect to the sum in access of £2500 the partnership was finished over 12 monthes ago , their was no civil partnership, no marriage , parents deceased . as eldest brother , and next of kin this property should be returned to myself and remaining brothers and sister . do i have a case

[des8]

Re: property theft

Hi and welcome to LB
My condolences on your sister's passing.
You are correct in that if she died intestate her estate passes to her brothers and sisters (biological or adopted) if there is no surviving spouse, civil partner, children. grandchildren or great-grandchildren.

[marantz]

Re: property theft

thanks des8 , would you think this is a criminal or civil matter

[des8]

Re: property theft

It's both!but you will probably have difficulty getting the police involved if that's the direction in which you want to go.

When your sister passed, did anyone obtain a grant of administration to deal with he estate?
If so he/she is the person to pursue the matter, if it is worthwhile.
Are you sure of the value of the missing items and can you PROVE who took them?
These are the questions for consideration before taking any action.

[marantz]

Re: property theft

It's both!but you will probably have difficulty getting the police involved if that's the direction in which you want to go.

When your sister passed, did anyone obtain a grant of administration to deal with he estate?
If so he/she is the person to pursue the matter, if it is worthwhile.
Are you sure of the value of the missing items and can you PROVE who took them?
These are the questions for consideration before taking any action.

thanks for reply . no grant of administration , i being next of kin arranged funeral took care of her affairs. and still in contact with coroner . i have receipts for all missing items , in my sisters name , and three witnesses .

[marantz]

Re: property theft

hi des8 ithink i have put reply in wrong box . no grant of administration . being next of kin i took care of funeral , took care of her affairs . in liason with coroner . i have all receipts for items , and three witnesses .

[des8]

Re: property theft

As no one applied for a grant of administration, is it safe to assume your sisters estate was classed as small, ie under £5,000.?

[marantz]

Re: property theft

thats correct des8 , value of missing item,s approx £2700. all other items furniture ect was given to charity

[des8]

Re: property theft

Presumably you have asked the ex for the return of the items and he has either refused, or just not responded.

You could report the theft to the police, (but probably would not have much joy) and /or sue for the return of the items in the county court.

Be aware that he might defend the claim, eg state some of the items were purchased jointly before the break up, and he allowed her use of them whilst retaining ownership of his share.

[marantz]

Re: property theft

all items were purchased after breakup, she offered to give back the items ,then did not return them, wii not respond to calls ?

[des8]

Re: property theft

Well, if you and your siblings are determined to retrieve your sister's effects it would appear that your recourse lies with the court system.
Commence by sending a "letter before action" and see if that draws a response.
If it doesn't you will need to issue a court claim.

[marantz]

Re: property theft

thankyou for your assistance , will follow your advise . will keep you informed of outcome . marantz