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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Brother and Sister in Law took deceased mothers will from

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Brother and Sister in Law took deceased mother's will from family home without knowledge of Step Dad. Took it from Mum's chest of drawers and replaced it 1 week later. S.I.L. read will and contacted the solictor who was excutor the estate saying it was unfair. Is this was theft ? They are privvy to Mum's wishes for myself and my family which I dont know yet.

I am afraid it is not theft as they have returned the Will back to where it was.

Theft is legally defined as follows:

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

However, if Probate had not yet been granted, will remains a private document and they became privy to a confidential document unauthorised.

However, I do not see much point in taking this legally further as a court will want to see what damage occurred as a result of this breach of confidentiality and if there was no damage done, then no case against them.

May I help further?
Customer: replied 3 years ago.

If I had took £1000 from my deceased Mum but returned it it would be theft ?

The damage done to the rest of the family because of the stress is awful.


Also my brother is a Prison officer and should know better.


So there is nothing else I can recourse to ?


Customer: replied 3 years ago.

So there is no recourse. My brother is a Prison Officer and surely must be held accountable morllay and professionallly


It would be theft if there was an intention to permanently deprive the owner of their property or money, if the money or property was returned back, it would not be theft.

I am afraid there is not much that can be done other than to ensure that your mothers belongings and the Will are safe guarded until distributed in accordance with her Will so no unauthorised persons gain access to these.

I am afraid claiming damages for stress is legally not an option.

Sorry but I have a duty to answer you truthfully.
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