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I've just asked another expert about this but it looks like that expert may only be on here at or around midnight so if you don't mind ill post it to you hoping for a quick response. Thank you.
if someone dies and one of their 3 kids (one of the 3 heirs) has possession of the legal formal ID documents of the deceased and if that sibling refuses to release those IDs or copies to other siblings who demand at least copies (to administer the estate) then what legal action can other siblings take to compel the perpetrator sibling to release such documents? Call and report to the police? Take legal action? What would be the cheapest or an action that would cost nothing or very little.
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Answered in 2 hours by:
3/23/2018
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
Verified

Hi
I am sorry I did not catch this last night.

Who is the Executor of the Will (if there is one)

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Customer reply replied 4 months ago
Hi tx. There is no executor I’m afraid. The deceased died intestate.

What information do you need and where do you wish to issue the proceedings?

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Customer reply replied 4 months ago
a bit complicated. The deceased's last formal residence is / was Portugal (dual Portuguese/British) but she died in the UK whilst visiting her 3 daughters so 1 sister who has these docs and refusing to release anything. The 3 sisters therefore are in UK but the jurisdiction for probate / administering the estate is Portugal. Hope it makes sense.

What is it that you need?

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Customer reply replied 4 months ago
Need to get the ID docs & or certified copies fr the sibling who refuses to release them to other 2 heirs. Also to safeguard the assets which r mainly in Portugal eg fr her fraudulently putting assets in her name behind others backs. Those kind of actions and safeguards. Hope it makes sense

Ok

- just for clarity what documents are you referring to?

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Customer reply replied 4 months ago
The deceased's ID docs such as passport and her birth cert and more importantly her Portuguese national ID card. Without these the other siblings cannot do anything at all with administration of the estate.

Are there any assets in the UK at all?

Is it possible to get a replacement ID card?

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Customer reply replied 4 months ago
Well, it's complicated because under Portuguese inheritance law a deceased (intestate) assets consist of not only of anything she had at the time of death but also any lifetime gifts given to any of the heirs. So yes there are 2 properties in UK and 2 in Portugal which will be considered as part(s) of the estate.
Haven't looked into replacing the id documents it would be a long laborious process and they can't really be replaced because the originals are still there.
Customer reply replied 4 months ago
Hi again. Any advice on any action one can take against withholding of those ID docs? In the U.K.? Surely she doesn’t have the right to exclusivity re those docs. Look forward

I am afraid that under the law in England and Wales your sister has as much right as you do to have the documents and there is no requirement for her to share them or issue you with copies

Obviously, there is no problem in obtaining a copy of the Birth Certificate and in fact the UK passport is no longer valid

I do appreciate the problem with the identity card however.

The only potential possibility would be to apply for Letters of Administration to deal with the estate in the UK and then apply to the Court for an order that she hands over the documentation.

I hope that this is of assistance - please ask if you need further details

Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
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Clare and 87 other UK Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you. I will come back for more queries later if I may. Are you available only later night and early mornings for future reference?

Generally yes - during the day Clients tend to cut into screen time!

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