removal of personal chattels

A discussion forum for the elderly, their carers and advisers
Post Reply
Posts: 45
Joined: Sun May 05, 2019 7:21 pm
Number of Posts per Page: 1
Number of topics per page: 1

removal of personal chattels

Post by missmakepeace »

My brother died in January this year. His long term partner died 15 months previously and her mother 9 months before her. On the death of her mother, she brought chattels to my brother house. They were never married and her family have inherited all her and her mother's chattels.
Valuable items have been collected by her family, however other chattels and a car are still at my deceased brothers house. I need to put the house on the market, but I'm unable to do so while his deceased partners chattels are in the house.
Can anyone give advice on the correct procedure to enable me to move on. Due to covid, I understand the difficulty in collecting items. I feel I have been left with the things they don't want. I don't know if I can dispose of them, having given them five months to come and collect them. Last month I requested they removed all good before the end of June. As I said previously, goods of value have been taken and other things left. I am able to keep the items for another two weeks, then I need them gone.
Posts: 5726
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: removal of personal chattels

Post by ukmicky »

There is a legal process but I’m not to sure what it is .

If it were me I would write to the executor who is responsible or them ,listing all the items and give 28 days to come and remove or they will be disposed of .

The car is more of an issue as you can’t get rid of it without it papers.

Any costs borne by you could in theory be charged to the deceased’s estate.
Any information provided is not legal advice and you are advised to gain a professional opinion
Posts: 3742
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: removal of personal chattels

Post by Collaborate »

The legal process is the Tort (Interference with Goods) Act. You need to follow to the letter the procedure set out in that Act - I think from memory it's s14.

Landlords have to make use of the act regularly for obvious reasons, so you may get decent pointers by looking on a landlords forum.

Essentially you give notice in writing to those who own the chattels and after a certain length of time you may sell them, with the onus being on you to show you received a fair price. You then deduct costs of sale and account to the owners for the balance.

On the death of the mother her assets will devolve in accordance with her will or intestacy. Same with the former partner. You don't mention if there was a will.
Post Reply