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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hello J A, I went to the Police as you suggested, but I feel

Resolved Question:

Hello J A, I went to the Police as you suggested, but I feel that they ignored, overlooked or decided not to help. Today I wrote reminding them of my question. The reality is that I was just given an example (to make things simple).
The reality is that my Father's mail was redirected to my Granddaughter, and all his financial affairs taken to her homeShe is an executor, though I didn't know this for some time. As an Executor I was not given the opportunity to see all of the aforementioned paperwork. I was pressurised to sign by her and her father, my brother. (I had threatening emails from them, I had already banned them from phoning me, after having endless phone calls, up to about 18 in one day.
My main question is, were the other executors commiting a crime by not returning my Father's affairs as requested by Social Services? The Police say no! Which suggests your advice is not correct. I am NOT complaing but I do need the advice confirmed, or otherwise.
It makes perfect sence to me, that my Father's property should have been returned as requested by Dad. Now Dad has passed away, he had been sent to my family for his care, by Poole Social Services, to get him out of the situation.
Please note, I am not being critical, just that the Police saying the case is closed, whereas you say the information should have been returned to my Dad.
As one of the sons, and one of the Executors, sam I entitled to see the figures given.
I thank you, ***** *****
I thank you in anticipation of your kind reply.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I have looked at the other question. I am a criminal practitioner of many years now. I have to say that I am afraid I agree with the police. This is a civil matter.
It is right to say that refusing to return belongings can be a theft in some circumstances but this is not really a case where the police would act. You are talking about information and documents. In very academic law such items are property and the refusal to return them could amount to theft but the police were always going to say that was a civil matter as its more appropriate in the civil courts.
Also, to bring a prosecution of theft against him you have to prove that he intend to permanently deprive you of an item. I know the circumstances give rise to that inferences but no more than that.
It would have been helpful if the police had just called him and told him to return them but I suppose their argument will be this is a probate matter and indeed it is.
If you need to recover items then you need to get a solicitor to write to him.
I am very sorry.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you Jo, unfortunately I was expecting an answer like yours.

In actual fact it was Poole Social Services who requested his information to be returned, and mail etc. and informed the Police. Since then my Father, died at the age of 96. As an executor I was bully by the resigned POA who held all the info, etc, together with her father, my eldest brother. I received a lot of bullying , threats, but then again that is another matter. I am concerned that I felt pressurised to sign probate even though I was not allowed to see the details.

Thank you for your sound advice, sorry to moan!!

R. Bell

Regards, R.Bell.

Expert:  Jo C. replied 2 years ago.
No, its not your fault.
There are offences that do apply but any criminal practitioner would have told you the police would not be interested.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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