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  1. #1
    Dave G's Avatar

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    Default Not recieved items left to me in a will

    Hi im hopeing some one can help me out a little

    My grandad died in 1991 .
    my mum and i believe and solicitor from workington were the executors of the will or was it just my mum i cant remember . i do know that solicitor has since passed. . ill have to try and find out
    she was left his home while her two other sisters and brother were left bits and pieces . though they did try and contest the will and said my grandad was not of good state of mind when will was written . This was turned down of course

    Any how . i was left my grandads ww2 medals and ribbons including his Dunkirk one along with his chest badge/ crest for Dunkirk which i still remember him wearing with pride on ceremonial days 11/11 etc
    i have a newspaper cutting from when he was 61 titled dunkirk medal Arrives 41 years late

    i had these put into a case when i was younger . i was 14 when he died .

    for years i battled for these medals . not to sell or anything just for me . to keep safe and cherish .
    Not the case . my mother refuses to relese these even now and were at the point now where we dont even talk . she never even came to our wedding 3 years ago .
    All she said last time i mentioned the medals were that they were hers. she told her dad to leave them to me in his will so they would stay in the family and that i will only get them when she dies .

    I have also been told that should i recieve them then i should check to see if they are the correct ones. medals are easy to come by so im now trying to get info from the mod regarding what he was awarded

    where do i stand on this matter . How do i recover the items ?
    surely it is an offence and possibly theft ?

    any help would be appreciated

    thanks

    dave gilmore

  2. #2
    Dave G's Avatar

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    Default Re: Not recieved items left to me in a will


  3. #3
    des8's Avatar

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    Default Re: Not recieved items left to me in a will

    Sorry to hear about te breakdown of your relationship with your mother, especially over something which means much to both of you.

    Firstly I think you should obtain a copy of the will (https://www.gov.uk/wills-probate-inh...robate-records)

    You could then write (recorded) asking your mother as executor to forward your legacy (the medals) to you.
    Point out to her that if she fails you could apply to the court for an administration order.
    This will be a court order for the administration of the estate to be carried out under the direction of the court

    The relevant CPR is part 64 (https://www.justice.gov.uk/courts/pr...l/rules/part64)

    Tagging @Peridot

  4. #4
    Dave G's Avatar

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    Default Re: Not recieved items left to me in a will

    Have actually found info on .gov site under wills and prebate search.. paid £10 so should have info qith in ten days which will hopefully give me definitive answers.

    Once confirmed on paper i have in hand what is the bext course if action ?

    Thanks

    Dav

    - - - Updated - - -

    Sorry you posted as i wrote a response

    That sounds like a plan and thank you for your advice .

    Is it a form of theft ?

    Also contacting the mod and various regiments regarding clarification of my grandads medals .. been told my my uncle that when i get them to make sure they are the right ones ?

    Again any advice is much apreciated and welcome

    Thanks

    Dave

  5. #5
    des8's Avatar

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    Default Re: Not recieved items left to me in a will

    It isn't theft as there is no intention to deprive you permanently of possession. Your mother has stated you will receive them on her passing.

    Wait till you receive the copy of the will to see exactly what your legacy is. Then start to check what medals you should be receiving.

  6. #6
    Dave G's Avatar

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    Default Re: Not recieved items left to me in a will

    Quote Originally Posted by des8 View Post
    It isn't theft as there is no intention to deprive you permanently of possession. Your mother has stated you will receive them on her passing.

    Wait till you receive the copy of the will to see exactly what your legacy is. Then start to check what medals you should be receiving.
    But surely if they were left to me when i was 14 and im now 41 then the will stated they were mine ?
    I have had them innpossesion . She took them back one night when she was baby sitting my daughter .

    Im now in kent and she is in cumbria.. still not a close relationship and for example .. we got married aent a invite and no responce . Only from yncle who said she cant come its too far away

    Just want whats mine thats all . Plus they are now in my will for my grandson

  7. #7
    des8's Avatar

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    Default Re: Not recieved items left to me in a will

    Sorry I misunderstood.
    From the title of your thread and your first post " . my mother refuses to relese these even now" I understood you had never received your inheritance.

    You are now clarifying the position.
    Your mother gave you the medals, but subsequently took them from your house.
    So she fulfilled her duties as executor.

    At the risk of ensuring your relationship becomes completely irreparable you could report it as a case of theft to the police.
    They probably won't do anything, and try and claim it is a civil case, but if you stand your ground you should get a crime reference number.
    This might prod your mother into returning the medals.
    You could then initiate a county court claim to obtain a court order for their return.
    You would then have to enforce the order.

    Really I'm afraid i can't see any easy way to recover the medals, although others might have ideas.

  8. #8
    Peridot's Avatar

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    Default Re: Not recieved items left to me in a will

    Hi,
    I would agree with Des8 now we've clarified that you did in fact receive your inheritance but your mother subsequently removed them from your home, this is not anything to do with the executors not completing their duties by the sound of it.
    It is a shame that your relationship has deteriorated so much that you can't speak or write to your mother about this but that is families for you, on occasion unfortunately.
    Trusting that your mother will leave the medals to you in her will is not appropriate as they already belong to you and as you state you have in fact had them in your possession since you were left the legacy under your grandfather's will.
    Has she indicated why she believes that she should hold the medals?
    I think Des8 has provided the most appropriate option above with regards to reporting to the police. Maybe warn mum you will be reporting to the police if the medals are not returned by a particular date.
    However, wait and see what the Will actually said and that you were in fact left the medals in the Will before alleging theft from your home.
    Once you have proof in the Will that the items are yours then reconsider the next steps you could take.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  9. #9
    Dave G's Avatar

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    Default Re: Not recieved items left to me in a will

    Thank for the replys . Very helpfull and will post the findings when i have more info

    Avain thanks for your time . Info and input


    Dave

  10. #10
    Dave G's Avatar

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    Default Re: Not recieved items left to me in a will

    Ok . I have now confirmation of the will and have my own copy
    Worded as for me ...
    I give my 5 war medals dunkirk insignia and 5 deactivated ww2 bullets to my grandson etcetc

    Ok now i have this in hand i want to formally send a letter to my mother regarding this . We have tried phoning to discuss but keep gettibg the phone put down .

    Any advice on wording please .
    I want to try thee route of my inheritance being in my possesion before looking at legal pricedings for theft .

    I.e acts i can mention in the letter to make it formal and stating a time and date for a responce .


    Do i mebtion i have now obtained a copy of the will ?


    Make it clear all dates stated and names involved ?

    Thanks

  11. #11
    Amethyst's Avatar

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    Default Re: Not recieved items left to me in a will

    @Peridot xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  12. #12
    Peridot's Avatar

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    Default Re: Not recieved items left to me in a will

    Hi,
    Have you written your letter yet? If not, I don't know what has gone on in conversations with your mum, but maybe initially you could try and not be accusatory more set the facts out that you know your mum has the medals etc that your grandfather left you and you would really like to have them back. It seems from your post you are just want to make the request for their return in writing at this stage. It may be an idea to set a timescales for a response at least and a reason why she won't return them to you. I'm not sure how else you can deal with it. Are there any other family members who could help?
    I wonder what her reason for keeping them is? Maybe trying to find that out might shine some light on the situation?
    I don't see any reason why you can't mention having a copy of the Will it is after all a public document but you know your mother better than us and may have a view on the reaction this may invoke.
    From a personal point of view maybe conciliatory is the way to go initially and try and keep the accusations to a minimum so you can try and get a response from her rather than adding fuel to the situation.
    These are only my personal views. Technically this is theft but how willing the police would be to becoming involved, I suspect they would not be willing to.
    Maybe suggest a meeting with a third party if you feel able to discuss the situation. I suspect this is a difficult and delicate family relationship situation that you are probably best placed to deal with unfortunately.
    A really tough one for you. I'm sorry I can't suggest a 'legal' route maybe others have some ideas. All I would say is try to keep to facts and give a time scale for a response. But also worth being a bit conciliatory even though that will probably be hard, but may open the lines of communication a bit at least? If I remember rightly the executor did actually give you the items originally so it would seem that you have no recourse to approach the executor for not performing their duties correctly?
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  13. #13
    Dave G's Avatar

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    Default Re: Not recieved items left to me in a will

    Hi sorry been a while .
    Did send a letter along with a copy of the will .
    We sent it recorded signed for and my mother did sign for it
    I requested the items be returned to me in the same manner . Recorded and signed for .
    Also requested a responce within 14 days .. over 3 weeks now and nothing

    I know over all its my decision but . What now ?
    Do i just contact the police ?
    Im in maidstone . Mother is in cumbria

    Going for a theft charge i dont have an issue with.

    Thanks

    Dave

  14. #14
    des8's Avatar

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    Default Re: Not recieved items left to me in a will

    As the police will probably take no action, could Dave not take action in county court to obtain an order for the return of the medals?

  15. #15
    Peridot's Avatar

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    Default Re: Not recieved items left to me in a will

    Hi DaveG,
    I'm sorry the letters haven't resulted in the return of the medals. It seems that you are left with little option but to take the matter further, if you want the return of the items. I'm not sure but I suspect that you would need to get a police claim number, even though it is doubtful they will act on this. This will support any civil claim you make in the County Court for the return of the property. It shows that you have tried everything. Have you kept copies of the letters? You would also need to keep a copy of the Will and prepare a timeline of events to date.
    The main consideration when deciding whether you wish to pursue this through the Court would be the cost (and stress) of doing so. The application fee would be approx. £300 plus any hearing costs as the matter progresses. Do you know that she still has the medals? If you were successful in the claim then a costs order may be made against your mother.
    The other issue would be the enforcement of any order if she did not hand the items over if any order was made. This isn't to try and put you off but it is a consideration as costs can escalate quite quickly in Court matters. Of course you do not need to instruct a lawyer, you could be a litigant in person and keep costs down that way. I would suggest that you may need some guidance and support during the process.
    Have you said you will report to the police or bring a Court claim against her, if she did not return the items? If not, it may be worth a final letter giving her 7-14 days to respond. I appreciate this is extending things even further but the Court would expect you to have tried everything, maybe the threat of Court will force her into action?
    I suppose the only other thing to bear in mind is what if she becomes spiteful and destroys the medals or disposes of them? I'm sorry to raise this but it is a possibility.
    As you say this is your decision. Please don't think I am being negative about taking any action I am just pointing out things you may need to think about and what could happen. Of course you could also be successful and your mother returns the medals asap rather than go to Court, although from what you have indicated so far this may not be the case.
    We're here if you need any support.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  16. #16
    Dave G's Avatar

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    Default Re: Not recieved items left to me in a will

    Hi and thanks for the reply . I will try another letter wtating dayes of last letter and any intentions if no reply after then . Would it be legal to also mention that costs will be reclained ? If so would this be done bia the same court or a small claims court ?

    I know she still has the medals in her posession . My uncle told me that he was there a couple of month ago and mentioned them . It was then he said to me that when i do get them make sure they are the right ones to which ive since joined another forum regarding ww2 medals and info and after a small fee have found all i need regarding all the info on the medals to distinguish them from others .

    Thanks again

    Any idvice is apreciated

    Dave

  17. #17
    Peridot's Avatar

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    Default Re: Not recieved items left to me in a will

    Hi Dave G,
    He costs would be dealt with as part of the case, usually costs follow the loser so to speak, so if you were successful then an order would be made to return the medals and for your mother to pay the costs in the case. However it is at the Courts discretion.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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