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My mother died nearly six years ago and the whole family…

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My mother died nearly...

My mother died nearly six years ago and the whole family knew before she died that in her will she had left all of her jewelrey ( some of it very valuable ) to my daughter. On her death it was discovered that 2 pieces were missing from a suite of amethyst and diamonds. The whole family ,including my sister have speculated ever since about where those 2 pieces were. In August of this year my sister posted a picture on facebook of her at a wedding wearing the missing jewelrey ! She say's mother gave them to her on her 50th birthday. If this really was the case ( which we doubt) that would mean that mother gave them to her when dhe had full blown dementia and was not capable of knowing what she was doing. Are the executors entitled ,by law, to ask for the return of these items ?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

We live in the United Kingdom. I'm sorry, I thought you were in the UK

Lawyer's Assistant: What documents or supporting evidence do you have?

My Mothers will

Submitted: 6 months ago.Category: UK Law
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Answered in 5 minutes by:
12/28/2017
Solicitor: rayanswers,
 replied 6 months ago
rayanswers
Category: UK Law
Satisfied Customers: 48,283
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Solicitor: rayanswers,
 replied 6 months ago

Let me leave this for UK expert , stand by I am in US.

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Solicitor: Buachaill, Barrister replied 6 months ago
Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 11,205
Experience: Barrister 17 years experience
Verified

1. Hello, I am your Expert and I will answer your question. Yes, the executors can ask for the return of the jewellery if they were allegedly given during a period when your mother lacked legal capacity, such as when she had dementia. The onus is on your sister to show she was lawfully given them or purchased them from your mother.

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Solicitor: Buachaill, Barrister replied 6 months ago

2. Here, given the jewellery was part of a set, it will be very hard for your sister to show she was lawfully given them if your mother had dementia.

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Solicitor: Buachaill, Barrister replied 6 months ago

3. All property of your mother belongs as part of her estate unless someone can show good title to it. This applies to the jewellery now in the possession of your sister. It should lawfully devolve in accordance with the will to your daughter.

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Solicitor: Buachaill, Barrister replied 6 months ago

4. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

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