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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
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My mother-in-law died recently, she has a dog. 3 daughters

Resolved Question:

Hi, my mother-in-law died recently, she has a dog. 3 daughters are executors and beneficiaries, 2 want to rehome the dog out of the area, my wife wants to keep him with us for the time being. How does she stand? They will not agree to it so we'd just have to take him.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Havant
Assistant: Has anything been filed or reported?
Customer: in what way? not mentioned in the will
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: don't think so
Submitted: 3 days ago.
Category: Law
Expert:  F E Smith replied 3 days ago.

Hello - are you asking if your wife has to give up the dog? did your mother in law say what she wanted regarding the dog?

Customer: replied 3 days ago.
No. The dog remaining in the m-i-l's house with one of her sisters until 25th, she wants rid of him. Other sister also wants him gone. My wife wants to keep him. He is currently in our sitting room for the day. No wishes stated by the m-i-l regarding the dog's future.
Customer: replied 3 days ago.
Basically with a one third ownership can one make a stand against the other two?
Expert:  F E Smith replied 3 days ago.

If this was a chattel (vase, car, whatever) which cannot be divided into three, and if you cannot agree on who gets it, then it gets sold.

The situation with an animal is somewhat different because there is actually no benefit from the animal, only a burden and although I have only ever taken animals from rescue, I don’t know if they charge for taking in animals in circumstances like this. If they did, then it would be for the 2 reluctant sisters to fund that cost if the other one was willing to take on the burden of the dog.

I cannot think why for one moment they object to you having a dog albeit that it was your mother’s dog although if this is going to go to court, they’re going to have to come up with a valid reason as to why they don’t want you to have the dog such as they don’t want the memory hanging around.

If you do take the dog against the wishes of the other two, because you are a co-executor, then it’s not theft and the police are not going to be interested and the other 2 executors are going to have to take you to court to get a court order to make you get rid of the dog and give it to rescue. There is going to be a cost involved with that which they may not want to bear.

Can I clarify anything else for you?

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Best wishes.

FES.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Thank you, ***** ***** questions we can think of.