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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48188
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a small clams track due in a months time, my cousin

Customer Question

I have a small clams track due in a months time, my cousin who is now dead borrowed a collection from me to display in Sheffield Museum, he then before he died willed them to his Son and he won't return them, by law does his will over rule that they belong to the Son and not me can it be reversed in the small claims track also will I have to pay all his costs if I loose
Thank you M Spicer
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the value of the collection?
Customer: replied 1 year ago.
HI the collection will be worth around £ 3,000 pounds the son who has them now says around £ 800 I was offered £2000 for the collction in 1986
Expert:  Ben Jones replied 1 year ago.
If the property was not his to legally gift, then that part of the will is not going to be valid. It does not matter if you had an official will and gifted property to someone else – you must legally be able to do so in the first place, by being the legal owner of the property. If you were not its legal owner then you would not have the legal right to gift it to someone else. As this is the small claims track, if you lose you will not have to pay the other side’s legal costs. Each party pays their own legal costs. You will have to pay the court and hearing fees and may have to reimburse them for their time but these costs are capped and you would not be much worse off as they would certainly not be as large as any legal costs they may have incurred. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
please can you advise again when I get to the courts I have no proof that the collection of razors belong to me. My Mother gave them to me after my Father died for safe keeping in 1985 will that go against me for getting my collection back we have tried with the other party to resolve this before we go to court he wants a 1,000 pounds and I can have them back I am a pensioner and why should I pay all that when they belong to me.
Expert:  Ben Jones replied 1 year ago.
you will no always have proof in terms of documentary evidence so you will have to use whatever is available. This could also just be your own verbal evidence which the court will believe how consistent and how much of it to believe. But this lack of ownership evidence will not automatically go against you
Customer: replied 1 year ago.
I have photos of the collection would that help in showing those to the courts
Expert:  Ben Jones replied 1 year ago.
Yes of course, anything you can think of which may show that these belonged to you or that they have been in possession by you in the past