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Jo C.
Jo C., Barrister
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My Mum died 4 years ago and it is only now I have come to be

Resolved Question:

My Mum died 4 years ago and it is only now I have come to be able to dealing with disposing of many of her possessions, paintings, ornaments, china etc, none of which I want. Rather than throwing them away I decided to try to sell everything on eBay.
Included in her possessions were 12 various items of tableware (wine glasses, milk jug, gravy pot, flower vase etc) from a famous restaurant she visited many times during the 1990s.
The 12 items were purchased yesterday by someone from the same restaurant. I am now very worried that I may get into trouble for selling these items or be accused of having done something dishonest.
Can you help me please
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.
What would you like to achieve?
Customer: replied 2 years ago.

If I post the items to the restaurant as requested, could I potentially be in trouble e.g. could I be accused of stealing the items or am I committing a crime by selling them? If the answer is yes to either of those questions, what are the likely consequences?

Expert:  Jo C. replied 2 years ago.
It depends on how your mother came across these items. Many organisations like this actually sell these items as memorabilia.
If however they were taken without the restaurant consent, that is theft.
Obviously your late mother cannot be prosecuted and unless you had knowledge that they were stolen (as far as you are aware, she could have been given them or bought them) then you don't commit any offence either.
I would be surprised if you heard anything about this but if you do, if you explain the circumstances the police are unlikely to take it any further.
In respect of any criminal proceedings, there is no time after which these proceedings cannot be brought. So the fact that these items were obtained during the 1990s is not relevant.
If the police do decide to prosecute you for receiving stolen goods under the circumstances I think the worst that could happen would be a fine or a caution.
Can I clarify anything for you?
Customer: replied 2 years ago.

I hit bad service my mistake. I meant to put down 5 star service. I'll amend this if I'm told how

Expert:  Jo C. replied 2 years ago.
Don't worry about it. It is easy to do.
You can rate this answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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