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Unable to complete will as items missing

15 replies

Chippychipsandgravy · 05/03/2023 01:11

Myself and two siblings are executors to the will of our very recently deceased DParent. Relationships were tense or non-existent between us until our DP became terminally ill, so we put this all aside and called an uneasy truce.
We are currently sorting through DP's home and belongings, some of which are willed to individuals and some of which were 'share it out amongst yourselves'.
It has come to light that some items are missing. The main ones being war memorabilia that our DP specifically wanted to be donated to the regimental museum and an entire attic of boxes and suitcases that were full of items to be shared.
So, my question is this - what do we need to do, if anything, as we cannot complete my DP's directions in the will.
We are in the UK and yes, I have my suspicions but no actual proof.
Thanks in advance.

OP posts:
CiderJolly · 05/03/2023 01:24

Tell all who had access to take the items that you will be involving the police if they aren’t returned within the next 48hrs. It’s theft.

Chippychipsandgravy · 05/03/2023 01:35

I think the items might have been taken a few years ago or over several years. Would the police really do anything?

OP posts:
CiderJolly · 05/03/2023 01:39

I assumed you meant recently, and since the reading of the will.

Chippychipsandgravy · 05/03/2023 01:53

Thank you so much for your replies. I think the war memorabilia was taken a few years ago but the attic was probably emptied after the funeral, so a couple of weeks ago.
I might try it anyway but if it is who I think it is, they'll just laugh and congratulate themselves for getting one over the rest of us.

OP posts:
LadyJ2023 · 05/03/2023 02:01

You won't get anywhere...Happened with us my parents left us a house and belongings, magically when me and my brother decided we would have to do something about clearing it we went in and it was practically empty apart from basic furniture. We both looked at each other and said the exact same name. Only one aunt had a spare key for years tho claimed she lost it...Police said she denied having any key and they couldn't prove anything for or against...Anyway 2 years on we were at a family gathering first thing I spotted my aunt wearing my mums dress and a necklace earing set and since then a cousin has said some of my parents paintings are on her walls at home...its not worth the agro anymore but it hurts someonelse taking our parents things. And btw this aunt has previous records of taking things off family etc so ye hope you do get stuff back but don't bank on it

Corsica2023 · 05/03/2023 07:28

If the items were given away/stolen/lost while your parent was still alive then they aren't available to distribute anymore. When FIL died we secured the house with a deadlock to make sure nothing was removed before probate was sorted.

growinggreyer · 05/03/2023 07:41

Unless any of the items were particularly valuable I don't think there will be a problem. You could send the museum a letter explaining and promising to send along the items if they come to light. I know that some family members have a hard time letting things go, but they may intend the items to end up at the museum after they pass.

PissedOffNeighbour22 · 05/03/2023 09:52

We're going to have this problem too. We know the carers took the items but the police aren't interested because we don't have video evidence.
The person some of the items were intended for doesn't know they were being left them so I guess we can just skirt over those as they likely won't ask about the will.
Some of the items were incredibly sentimental so it really stings that they won't be passed down through the family because someone wanted to make a few quid.

Chippychipsandgravy · 05/03/2023 11:11

Thank you so much for all your replies. It's so hurtful and deeply disappointing that a close relative could think so little of our DP and their other kin. Hopefully karma is a bitch and they never experience joy from the items they have taken or from any money gained by selling them.

OP posts:
Foreversearch · 07/03/2023 00:34

PissedOffNeighbour22 · 05/03/2023 09:52

We're going to have this problem too. We know the carers took the items but the police aren't interested because we don't have video evidence.
The person some of the items were intended for doesn't know they were being left them so I guess we can just skirt over those as they likely won't ask about the will.
Some of the items were incredibly sentimental so it really stings that they won't be passed down through the family because someone wanted to make a few quid.

@PissedOffNeighbour22 I respectfully suggest you review your decision not to tell the beneficiary(s).

Once probate is granted a will become public and a beneficiary could apply for a copy and find out they were left items and, incorrectly believe the executors did not carry out their duties. Much easier to tell them upfront.

Secondly, knowing someone left you a legacy in their will is important as it means they thought if you. Giving the beneficiary a copy of the will and explaining about the theft means they know they were not forgotten.

You may also have a momento you are happy for the beneficiary to have in its place. It won’t replace the sentimental items but gives them something to remember the person by e.g. a book, photo etc.

CrotchetyQuaver · 07/03/2023 00:41

It happens a lot, my brother started helping himself to pieces of my mothers jewellery once she went into the nursing home. Point blank refused to return them even when my father asked for them (I told him they'd been taken). Both parents now dead, he's not returned the jewellery even though one piece was actually mine and another was promised to one of my DD's. Its disgusting but it is what it is.

PissedOffNeighbour22 · 07/03/2023 01:48

@Foreversearch I think telling him could cause more trouble though, unfortunately. The carers who stole the item meant for him turned up at the funeral and behaved disrespectfully. If he knew they had also taken something of 'his' he'd hit the roof. Neither the police or their employer are bothering to following up so it's best to let sleeping dogs lie for the moment.

No one else was willed anything specific so he won't know anything is amiss. It's always been assumed that everything goes to our mum, so he'd have no reason to suspect he's mentioned in the will.

Foreversearch · 07/03/2023 02:10

@PissedOffNeighbour22 I understand why you have decided to keep,quiet.

Oblomov23 · 07/03/2023 04:45

I would have to tell them that I knew though. That I knew they'd stolen it. Just as a point to prove, I couldn't help myself.

ArcticSkewer · 07/03/2023 05:22

If anything was gifted several years ago, then the will just wasn't updated, that's just how it is. You can't go and get things back after they were given away just because they are mentioned in a will! If you think something was stolen after death (or before) then you can report to the police. I guess with the war memorabilia once reported stolen it can't be sold on if it's personalised stuff.

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