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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70126
Experience:  Over 5 years in practice
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my father has recently died, and my sister, didnt let us know

Customer Question

my father has recently died, and my sister, didn't let us know this, she took his keys went int his flat and took all his money and valuables, then hired a skip and throw out everything she didn't want resulting in half the street helping thereselfs to his belongings, he has bank accounts and land and cars boats etc but we have no details of this as she has covered her tracks, she did all this within 24 hrs of his death. What can i do
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

When did you last see your Father?

Were you estranged?

What have been the issues between you and your sister?

Did your father write a will?

Do you have a copy of the will?

Did he leave a house and other assets?
Customer: replied 3 years ago.

8 months ago




my sister had no contact with my mum or dad for 14 years and resurfaced about 18 months ago when she relised they were both very ill both have died in the last 8 months

there was no will logged and if there was one as the flat then she has it



we rant entirely sure what he had but he owned land, cars boats had a bank account and large amount of money in his safe


she has done all this within 24 hrs of his death and had the skip removed


how can we find out what he owned and what can we do about it all


Expert:  Jo C. replied 3 years ago.

Once things have been removed, it is absolutely impossible to get a list of them which is accurate and in many cases, without that list you can never get them back.

If there is no will, the assets will be distributed in accordance with the rules of intestacy.

Here are the rules from which you will see that the whole of the estate will to be divided equally between siblings.

If there is a house involved, your sister cannot sell the house unless she gets Grant of probate.

You can hold up the granting of probate and therefore the distribution of the estate by entering a caveat at the probate Registry.

Some details of how to do that and the effect you will find by following this link

If you think that there may be a will you can make an application to court for "pre-action disclosure" to compel your sister to let you have a copy of the will and you can ask the court to award costs against her. The threat of court costs may be better coming from a solicitor.

If she has destroyed the will because it is more favourable for her if the estate is dealt with as an intestacy, then unless you can prove that she has done that or you can prove that there is another will, it will be impossible to challenge that.

With regard to the funeral, I suggest that you speak to the undertaker to try to get a different date and if the undertaker will not budge on that, you are faced with making a court application to get the date changed to one way you can attend. If a solicitor makes the court application he can attach a certificate of urgency to the court application which means that it could be in court within the next 24 hours in view of the fact that the issue of the funeral date needs resolving very quickly.

The threat of that court application and an application for costs made by the solicitor to your sister telling her that unless she instructs the funeral director to change the dates, she is going to be on the receiving end of a court application and court costs may wake her up to the fact that she cannot do this on her own to the exclusion of all others

Can I help further?

Customer: replied 3 years ago.
But how can we find out what he owed and his bank accounts etc
Expert:  Jo C. replied 3 years ago.
If she will not tell you, you include disclosure of the bank accounts and statements and any other assets, into the court application for disclosure of the will

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