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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7071
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My husbands dad sadly recently passed away following a

Customer Question

My husbands dad sadly recently passed away following a long illness which involved long periods in hospital then hospice and finally a nursing home.
As he was unable to look after his collection of Binsai trees when he went into the home he told my husband to take them to his house to care for them as he wanted him to have them ( this can be affirmed in writing by his partner and brothers) When his dad was at home but incapacitated over the last few years he had cared for them with his dad's close instructions and learnt how to nurture them.
When the will written a few years before was read it transpired that the Binsai trees were left to my husbands sister. I should add these are not e trembly valuable ones as he had grown them himself but obviously very sentimental to my husband. His sister has sent him a solicitors letter demanding the bonsai trees be returned to his late fathers house for her. Does he have to give them to her as they were gifted to him prior to his fathers passing?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

Dear Viv

No, he does not .

The trees were given to him during his Dad's life which means they did not form part of the Dad's remaining property when he died.

Your husband's sister is entitled to any bonsai trees that were not given to your father during his Dad/s lifetime, assuming there are some left.

I am very surprised your husband's sister's solicitors do not already know this.

Best wishes