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Hi, my father recently passed away. In his will I am entitled

to all land and property...
Hi, my father recently passed away. In his will I am entitled to all land and property he owns. However someone else has a

piece of paper saying that the house is his as he paid a few bills for my father. We think he also has the deeds to the

house but not sure if they are in his name or not.

The will has been officially read and he has changed the locks to the property and has been removing things from the

property and not allowing us access to it.

How do we stand? I would have thought that the will take presidency over the piece of paper he has? (the piece of paper

was also signed while my father was depressed, mentally unstable and a diagnosed alcoholic.

We urgently need access to the property as he has already stolen £1000's of pounds of stuff and is just taking anything he

wants.


What should we do?

Please ask if you need to know anything else.

Thank you
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Answered in 1 minute by:
9/10/2013
James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified

Who is "someone else"?

Have you reported this theft to police?

Who is executor?

We need full background please.

Ask Your Own UK Law Question
Customer reply replied 4 years ago


Hi, thanks for the quick reply.


 


The somebody else is my cousins boyfriend (he's a gypsy). He also has somebody else living on the property.


 


We have reported the theft to the police, but they said it was a civil matter.


 


The executor of the will are my grandparents who have both passed away.


 


Hope this helps


 


Thank you





If he has taken
stuff from the property which he is not entitled to, it most certainly is a
criminal matter and you might want to refer the matter to a higher ranking
police officer.

Meanwhile, this is
about as much a do it yourself job is taking your own appendix out.



You need to see a
solicitor urgently to get an injunction to prevent any more items being removed
from the property and to give you access.



The solicitor
should threaten the application and if necessary make an emergency application
to court. If the culprit continues or disobey is the injunction, he is liable
to be arrested.



You are going to
need executors for the will and in that respect, that requires a court
application to have executors appointed.



If the house is
registered at the land registry, then the preregistration title deeds or of
little if any value.



If it is not
registered at the land registry, not having the title deeds can be
problematical but not insurmountable because the property will need to be
registered.



With regard to the
will, you are going to need to make an application to the probate registry for
a grant of probate in any event before the house can be dealt with or sold.



Just moving back
for a moment to the deeds, if he does indeed have them, that also is theft.



His piece of paper
is, to be frank, worthless except to prove perhaps that he may be owed some
money from the estate.



The first thing I
would do tomorrow is make an appointment to go and see a solicitor because this
needs to be jumped on sooner rather than later. A letter from the solicitor to
the police (you can hand deliver it) might focus the police mind with regard to
the criminal element of this/theft.



There is no easy
way to deal with this and I urge you to act as quickly as you can tomorrow



Does that answer
the question?



Can I assist
further?



I am off-line
shortly until tomorrow but will pick this up then



Ask Your Own UK Law Question
Customer reply replied 4 years ago

Hi, thanks for the reply, it has put our mind at east alot.


 


We do have a solicitor but she is moving very slowly and doesn't seem to be in any rush which is a little infuriating. She is also often on holiday. The reason we are using her is because she knows the family history inside and out.


 


I may need to contact for further tomorrow for a little more advice if that is ok.


 


Thank you very much





Thank you

I am glad it's put
your mind at rest but I was so frustrated reading your account thatt I felt
like I wanted to go and bash the sc-mbag with a stick!



It is your decision
but sometimes you are better getting a fresh pair of eyes looking at this
because it certainly appears that this solicitor is a little complacent
(forgive me for saying that please).



I should be around
for most of tomorrow on and off-line so please feel free to post up.



Meanwhile, please
don't forget to rate my answer positively so that I get some credit for my
time. The thread does remain open even though the site gives you the impression
that it will close. It does not



James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
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Satisfied Customers: 22,629
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