Death of brother in law.....urgent legal advice please.
Discussion
I'll try and keep it as brief as possible.
My unmarried brother in law,
who had a long history of severe depression ended his own life a couple of weeks ago.
He was a lovely intelligent man, but the demons inside his head took over him.
He didn't have a lot of possessions, but lived on a caravan park in the north of England, he "owned" the static caravan, (cost was 12k, he still owed 8k on a loan) and his daughter, (who buried her dad yesterday) went over to the van with the key to retrieve a few bits and pieces.
They escorted her off the premises, and wouldn't even let her have her dad's mail which goes to their office, until probate is granted, (If it needs to be)
I appreciate the site have to do things "by the book"....are they being unreasonable.
I'll just add he also has a son (son and daughter get on very well), who has taken possession of his (oldish) Ford focus and a couple of motor scooters. I understand it was his wish that the daughter got the van and the son got the vehicles, but no will was found.
I do think the son will run into problems when he tries to register these in his name though without official documentation, but at least they are safe.
My unmarried brother in law,
who had a long history of severe depression ended his own life a couple of weeks ago.
He was a lovely intelligent man, but the demons inside his head took over him.
He didn't have a lot of possessions, but lived on a caravan park in the north of England, he "owned" the static caravan, (cost was 12k, he still owed 8k on a loan) and his daughter, (who buried her dad yesterday) went over to the van with the key to retrieve a few bits and pieces.
They escorted her off the premises, and wouldn't even let her have her dad's mail which goes to their office, until probate is granted, (If it needs to be)
I appreciate the site have to do things "by the book"....are they being unreasonable.
I'll just add he also has a son (son and daughter get on very well), who has taken possession of his (oldish) Ford focus and a couple of motor scooters. I understand it was his wish that the daughter got the van and the son got the vehicles, but no will was found.
I do think the son will run into problems when he tries to register these in his name though without official documentation, but at least they are safe.
Brads67 said:
He'll have no issue registering them.
You say Motor Scooters !, if you are talking about Lambrettas then they are worth a small fortune.
I personally think the site owners were out of order and are likely looking to make sure they get whatever monies are due to them by whatever means.
The site fees were paid up until December, and the loan was nothing to do with them.You say Motor Scooters !, if you are talking about Lambrettas then they are worth a small fortune.
I personally think the site owners were out of order and are likely looking to make sure they get whatever monies are due to them by whatever means.
The scooters are worth around 2k, and one of them was originally owned by the son. They are not Lambrettas but look similar.
My condolences.
I think you need to find out if he left a will and who the executors are, I believe the executors will be able to gain access to the caravan. I do not believe the park owners can legitimately prevent the executors from having access as they have a legal obligation to fulfill.
The park owners do seem to be heavy handed especially as all the fees are fully paid up and it was his daughter trying access the property. I think it is really none of the park owners business and they should explain on what basis they acted this way.
I think you need to find out if he left a will and who the executors are, I believe the executors will be able to gain access to the caravan. I do not believe the park owners can legitimately prevent the executors from having access as they have a legal obligation to fulfill.
The park owners do seem to be heavy handed especially as all the fees are fully paid up and it was his daughter trying access the property. I think it is really none of the park owners business and they should explain on what basis they acted this way.
My condolences. It does seem like they're being a bit too 'by the book' but they may have had a situation bite them on the backside in the past.
For anything to do with probate (and she's in the North too), speak to Corrine at Where there's a Will : https://www.wtawill.co.uk/probate-advice/ : unlike most will writes she actually IS a Solicitor and knows her onions, often sorting out this sort of muddle.
She's lovely, I do a lot of work with her, give her a ring and if nothing else she'll point you in the right direction.
For anything to do with probate (and she's in the North too), speak to Corrine at Where there's a Will : https://www.wtawill.co.uk/probate-advice/ : unlike most will writes she actually IS a Solicitor and knows her onions, often sorting out this sort of muddle.
She's lovely, I do a lot of work with her, give her a ring and if nothing else she'll point you in the right direction.
Wacky Racer said:
I appreciate the site have to do things "by the book"....are they being unreasonable.
It might be reasonable if they're not sure who has authority to deal with his affairs. But park home operators have a ropey reputation - the law covering park homes was beefed up a few years ago.ACCYSTAN said:
Citizens advice well worth a visit
You have my full condolences
Cheers,You have my full condolences
She has contacted them and they say she should have access, but whether they know that for a for fact I don't know. I could understand if he had a large collection of Rolex watches etc, but I suspect it's just a few old clothes and a TV, pots and pans and the like.
GreatGranny said:
Whilst it may seem heavy handed by the site owners they will have a policy regarding access after the death of any residents.
There may be a scenario where certain family members take possessions which they are not entitled to.
I think the park did the right thing - it may seem harsh but how are they supposed to know who has the right to remove bits and pieces? There may be a scenario where certain family members take possessions which they are not entitled to.
Try and imagine the opposite scenario the where the park let someone remove a bunch of stuff only for the real owner to then turn up and start threatening legal action etc.When you think about it, the correct thing for them to do is to say no until the right bits of paperwork are in place.
You wouldn't expect a bank to say you can just remove cash from an account without the paperwork, this is not really much different (if you squint a bit).
Would the same happen if he had lived in a flat and the management company refuse access to the flat he owned? I've never heard of that happening (not that I am in the legal profession) but why should it be any different for a caravan park. The park dont own the caravan or the things inside it. Seems strange to me that they are getting involved. All they need to know is who will be paying the site fees going forward.
xx99xx said:
Would the same happen if he had lived in a flat and the management company refuse access to the flat he owned? I've never heard of that happening (not that I am in the legal profession) but why should it be any different for a caravan park. The park dont own the caravan or the things inside it. Seems strange to me that they are getting involved. All they need to know is who will be paying the site fees going forward.
I only know vaguely about this as a relative of a friend had a load of hassle when selling and I was amazed at how park home site owners generally seem to have a reputation for being unscrupulous.As I mentioned earlier in the thread there's a whole bunch of legislation specifically for Park Homes - some if it is quite recent (2014) and is already being reviewed. If you Google "Park Homes legislation" it's hard to know where to start.
It sounds like the site operators have acted unreasonably. If he has only limited possessions and assets it is very unlikely that probate will be necessary and if no Will then inheritance will follow the gov intestacy rules. His possessions can best be agreed between his children. I suggest a further visit to the site manager with proof of identity and a copy of death certificate should be enough to retrieve all his belongings.
Wacky Racer said:
ACCYSTAN said:
Citizens advice well worth a visit
You have my full condolences
Citizen's advice say she is fully within her rights.....there possibly might be a will in a drawer.You have my full condolences
They are still being awkward.
I'll update any developments
Will do wonders for their reputations and business.
Edited by anonymous-user on Saturday 8th August 10:29
Wacky Racer said:
Citizen's advice say she is fully within her rights.....there possibly might be a will in a drawer.
They are still being awkward.
I'll update any developments
She can attend and invite the police to attend to prevent a breach of the peace. When she explains the situation to plod I am pretty sure they will be happy to escort her through to access the site...They are still being awkward.
I'll update any developments
Jasandjules said:
Wacky Racer said:
Citizen's advice say she is fully within her rights.....there possibly might be a will in a drawer.
They are still being awkward.
I'll update any developments
She can attend and invite the police to attend to prevent a breach of the peace. When she explains the situation to plod I am pretty sure they will be happy to escort her through to access the site...They are still being awkward.
I'll update any developments
While they're "not interested" in every other PHer's shed break in? Laughable!
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