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When should local authorites find out about a will?
When should local authorites find out about a will?
My friend was under the mental health team and the treatment he received was terrible. I visited him frequently in the home but social service would not liase with me as I was not a family member. He had no family and I classed myself as next of kin. I tried desperately to find out where the contents of his flat had gone as I once lived with him and had quite a few bits there that were mine and also would of liked some of his belongings too. I was never given any satisfactory answers and in fact when he was taken into hospital they did not even inform me and he died alone.
It was only after his death that I was informed by the local authority that he had left a will and that everyhting went to me. Have I a case or not?
Many thanks
My friend was under the mental health team and the treatment he received was terrible. I visited him frequently in the home but social service would not liase with me as I was not a family member. He had no family and I classed myself as next of kin. I tried desperately to find out where the contents of his flat had gone as I once lived with him and had quite a few bits there that were mine and also would of liked some of his belongings too. I was never given any satisfactory answers and in fact when he was taken into hospital they did not even inform me and he died alone.
It was only after his death that I was informed by the local authority that he had left a will and that everyhting went to me. Have I a case or not?
Many thanks
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Have you got a case for what?
Unfortunately, I have seen this happen before. It is quite possible that they simply did not know of the existence of the will (it may not have been amongst his papers and they may have had to contact a number of local solicitors to find it). If he was under the MH team, it is quite possible he was unable or simply did not inform them of the will. They will have had to act in order to arrange a funeral (the LA can do this as there is a public health requirement for disposal of bodies). The rest of his estate should have been preserved or at least sold (they will not have been able to deal with a large estate without a Grant of Probate, but a small one could well have been dealt with without a grant). It is quite possible that the household goods have been disposed of and unless you can prove they were of any value, I really doubt that it is worth your while doing anything.
I would be inclined to write to the Manager of the MH department and copy it to Legal Services of the LA and ask them to advise exactly what they did and what happened to the portable assets in the estate.
Unfortunately, I have seen this happen before. It is quite possible that they simply did not know of the existence of the will (it may not have been amongst his papers and they may have had to contact a number of local solicitors to find it). If he was under the MH team, it is quite possible he was unable or simply did not inform them of the will. They will have had to act in order to arrange a funeral (the LA can do this as there is a public health requirement for disposal of bodies). The rest of his estate should have been preserved or at least sold (they will not have been able to deal with a large estate without a Grant of Probate, but a small one could well have been dealt with without a grant). It is quite possible that the household goods have been disposed of and unless you can prove they were of any value, I really doubt that it is worth your while doing anything.
I would be inclined to write to the Manager of the MH department and copy it to Legal Services of the LA and ask them to advise exactly what they did and what happened to the portable assets in the estate.
They would not have sight of his will (I hope) until his death, so they have behaved quite properly there.
The Council and Social Services also behaved quite properly in refusing to discuss the situation with you - you may have classed yourself as next of kin, but that is simply not enough. Your friend would have named somebody as 'next of kin' on his medical records, and if that person wasn't you then the authorities cannot discuss things with you.
Your friend hadn't named you as next of kin, nor given you power of attorney to deal with his affairs. It is very sad, but patient confidentiality has to be adhered to.
The Council and Social Services also behaved quite properly in refusing to discuss the situation with you - you may have classed yourself as next of kin, but that is simply not enough. Your friend would have named somebody as 'next of kin' on his medical records, and if that person wasn't you then the authorities cannot discuss things with you.
Your friend hadn't named you as next of kin, nor given you power of attorney to deal with his affairs. It is very sad, but patient confidentiality has to be adhered to.
ethels thanks also for your reply. I think I was made Power of Attorny but maybe because I have my own mental health ssues this was not accepted. I just would of liked something from my friends estate. Most of his things were of no value but just would of liked his favourite chair and his George cross Medal and photos. Still it has all gone now and I must put this matter to rest.
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