Missing Items

[Suejlunn]

Mum died recently.
In her will she left a gold chain and watch to my elder sister.
A brother who lives in the family home has said they are "lost" .
We haven't been to our solicitor yet we are giving him a chance to "find " them.
How do we stand in the law? .
Thank you

[bookbinder]

Are you accusing your brother of stealing the items? You need proof.

[Suejlunn]

He doesn't like my elder sister knowing him he has most likely thrown them away.

[Suejlunn]

If they are lost and they could be. A will is a legal document what do we do? . It seems too easy to say they are lost oh dear never mind. Then there is no point in anyone ever making a will in the first places.

[bookbinder]

If the items can't be produced, they will have to be regarded as not existing. If there is no record of them, that is the end of the story.

[Svejk]

My dad left a gold watch to my nephew. Couldn't find it anywhere and gave up looking. Then when I was throwing his old socks away, I thought I may as well keep any newish ones to wear. Opened one pair and, of course, the watch fell out.
Just goes to show, you shouldn't jump to conclusions.

[Suejlunn]

Record as in photographs?
We have photos of mum wearing them .

[bookbinder]

'Record' also includes sales receipts, and other paper records.

[wolf63]

There is always the chance that your mother gave the watch away prior to her death - or had it stolen. It may seem unlikely but it 'is' possible.

I hope that you manage to get it sorted out.

[Old_Geezer]

Without evidence to the contrary I'd suspect you have to accept they haven't been found, and have no standing in law.

[Maydup]

Sorry to hear about your Mum, and the chain being missing makes for extra sadness for you and your sister. Unfortunately though, your brother is innocence until proven guilty. He says they are lost. Can you go and look for yourself? Maybe not an idea to send your sister, but you could ask him if he would let you help him hunt through the cupboards and drawers.

He might open up and give the item up if he does have it, and at least you will have tired. Otherwise the item is lost and you might never know what happened to it.

[Suejlunn]

Thank you yes we have to accept they have gone. Just sad that mums wishes have not been met.

[Peter Pedant]

well the basis in law is that the person making the allegations ( that would be you ) has to prove them

and the short answer is that you ccant .....

you have a mention in the will
and a relation who says 'not me gov'

this is not much to go on - and I wouldnt go to a solicitor on that and try to get recovery of the item .....

[tttom_tomagain]

.

In fact, circumstantial evidence and opportunity for the theft is usually sufficient to oblige such a thief to admit the crime.

Knee jerk dogma re. hard proof is not helpful.

.

[Peter Pedant]

//Knee jerk dogma re. hard proof is not helpful. //

oops my knee is jerking again .... solicitors = money

I wouldnt expend money on this when the likelihood of success ( erm no proof so no chance - damn knee jerking again ) is low

[Prudie]

I was left a solid silver tea service in my father's will but after the funeral his stepchildren (who'd lived in his family home) said they just couldn't find it. I know one of them had pawned it off but had to let it go as I'd never be able to prove it. The executors were pretty blase about it too.

[Peter Pedant]

to get back to your question:

" How do we stand in the law? . "

knee jerk or no - you have to show what you are alleging
if you cant then the judge wont order return of the object

there is nowever a third possibility and that is your mother gave away ( or otherwise disposed ) of the watch herself before her death. If that is the case the your sister has no claim on it [now]

[themas]

You don't say who the executors are. It is for them to do whatever they think right. They can either rely on what your brother has said, or they can go to the house & search themselves. In any case, they should be going there to identify and list all the assets which belonged to your mother. Of course, if the brother has mis-appropriated the item he will have made sure it is nowhere near your mother's possessions.

[thugulike]

I had the same problem when my aunt died. I told my brother that if the watch was not found I would call the police as it had obviously been stolen. He said our cousin didn't need the watch as she already had one. I told him that it was our aunt's wish that she got the watch. I found the watch in the very place I expected to find it. He had obviously replaced it.