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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71158
Experience:  Over 5 years in practice
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As Executor of my fathers will Iam trying to get a beneficiary

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As Executor of my fathers will Iam trying to get a beneficiary to collect possessions she has been left from my fathers property,so far she has refused to do this. I have now sent her a letter as executor giving 14 days notice to when she or her representative can come to the property for said possessions, if she chooses not to or refuses can i legally start to clear the flat as the property needs to be sold to pay equity owed on it
I am the only named executor,the main beneficiary and i have a grant of probate to manage the estate

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

Whats the value of the assets?
Customer: replied 4 years ago.

The will states that she may have any of my fathers possessions from within the property nothing there of great value widescreen tv computer old sofa armchairs large wooden cabinet ornaments but nothing of real value If you sold everything in the flat you would be pushed to make £1000


I assume that the beneficiary does not live hundreds or thousands of miles away?

I would write to her one more time and tell her that she has until 9 AM on Monday, 10 February to take what she wants from the property under the terms of the will after which time the property will be cleared and the items disposed of without further notice.

I would send the letter by first class post and also by recorded delivery.

If the beneficiary lives locally, also dropped a copy of the letter through the letterbox.

If there ends up being a legal argument over this, she cannot say that she did not know what you had told her.

You are only under an obligation to keep things for a reasonable time before you can dispose of them.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.

The beneficiary lives local to the property as do her three adult children (all in there 40 s) I sent a letter recorded delivery on 1st feb giving 14 days notice for her or her representative to come to the property on the 15th or 16 th feb. So i assume buy your answer that i can start to clear the property on the 17th having given adequate notice. Is this correct and thank you for your prompt response

Thank you.

The only problem with giving 14 days, as opposed to a particular date is that it is never clear when the 14th day expires, so you have to give a few days extra to allow for that.

I am sure that you have notification from Royal Mail that the letter was delivered and the date it was delivered on. The legal system does not cater for recorded delivery letters that have not been signed for.

You need to allow 14 days from the date of the signature on the Royal Mail receipt which you can get online from the Royal mail website.

Assuming the letter was delivered and signed for on Monday, 3 February (today), having been sent last Saturday, you could start next Monday, but it is essential that you have the Royal mail receipt for the letter and the dates coincide.
Customer: replied 4 years ago.

If i also send another letter at the end of the week giving an exact date as you suggested earlier i;e by 9:00 am 17th feb will that be ok

I did state in the other letter that i will be at the property 14 days from the 1st feb and that they have 2 days the 15an16th to collect possesions

The more warnings you give the better.

There is no problem in saying that I gave you 14 days, there are only 7 left and you have till next Monday failing which the items will be disposed of in any way you think fit
Customer: replied 4 years ago.

One last question should i send 2 copies of all letters one first class and one recorder delivery i cannot deliver personally as i do not live locally

thanks for your help excellent rating on the way

If you can, send it by first class post and recorded delivery. Ask the person behind the counter in the post office for proof of delivery for the first class letter. It is free.

Legally, the first class Postal Service is deemed to be 100% reliable, unless the letter is returned. It is deemed delivered two days later.

The problem with recorded delivery is that it can be returned as uncollected or unsigned for.

Sending two copies is just belt and braces
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Customer: replied 4 years ago.

i have had a txt from the beneficiary's daughter saying that she is going to represent her mother because of ill health in this matter .But she is away on holiday on the dates I have told the beneficiary that I will be at the property.

Can i legally proceed to clear the property or do i have to wait until the daughter returns and reschedule the dates for them to collect the chattels as stated in the terms of the will

Sorry for the delay. I've been in Court.

It really depends on whether you are at the end of your tether.

Ask her to fix a date and time now for after she comes back off holiday which can only be two weeks at the most and tell her that if she does not turn up on that date or time or changes it, you will simply dispose of everything, without further notice.
Customer: replied 4 years ago.

she is already on holiday out of the country I tried to call her yesterday but her partner hang up on me Iam writing again to her mother the beneficiary giving 28 days notice of my intentions will this be sufficient to legally cover myself

Yes, I think that you have done more than enough. You do need to make sure however, that the mother does have the letter. I have already covered that process earlier.