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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14320
Experience:  I have been practising for 30 years.
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If a beneficiary has been told not to take items from the

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If a beneficiary has been told not to take items from the house and then takes an item that is left to them in the will what does that mean legally? Grant of probate has not been received.
JA: Estate laws vary by state. What state are you in?
Customer: I’m in england
JA: What documents or supporting evidence do you have?
Customer: i am an executor and have a copy of the will
JA: Anything else you want the Lawyer to know before I connect you?
Customer: dont think so
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 14 days ago.
Yes please continue to get me an answer

If the person has been left something in the will, then obviously they are entitled to it and they have not acted dishonestly.

A lot would depend on exactly why the executor had told the beneficiary not to take the items.

 

If I can have the full background, I may be able to add some further information for you.

Customer: replied 11 days ago.
The executor has asked them not to take it firstly because he had been told by the solicitor who completed the will to not let anything leave the house. In addition to this it appears that there may be a number of creditors and the contents and house may need to be sold to cover these debts.

Thank you.

To be honest, and being brutally frank with you, I would not worry about what the solicitor has said. It’s probably not worth pursuing the issue

Except

in respect of any potential debts if the contents are needed to be sold to cover the debts

but I can tell you now that house contents are actually a liability not an asset, unless there are valuable antiques. The days of house clearance companies paying to clear house have long gone and you will find that even with relatively decent furniture, they will still want paying to empty a property.

 

I cannot see there is any merit in taking the person to court to get the item returned unless it is needed to pay for debts in which case it would only be worth it if it was of some value.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 14320
Experience: I have been practising for 30 years.
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