Has Testacy Law Be Broken

[ajhunt]

Hello can anyone help please. I lost my father in Dec 09 and as there has been no Will found my father dies intestate. From the outset my sister wanted to deal with everything on her own and has even refused me entry into his house. As she was doing everything so quickly and giving things away I managed to place a caveat to stop any letter of administration being issued with only her name on it therefor trying to exclude me from any possible inheritance until everything gathered. I have now found out that she has totally emptied the house of all items and possessions without even asking me. Have any laws been broken as surely she cannot just do as she wants by removing property without either obtaining authority or permission from me as no letter of administration or grant of representation has been granted. Thanks for any help anyone can offer.

[Barmaid]

Since your father died intestate a Grant of Letters of Administration is required. Until such time as this is granted, no one has authority to deal with the assets since the authority is conferred by the Grant. So no, your sister should not have done this.

Unfortunately, redress will be expensive. The police will not want to know (although technically it is theft, she will more than likely say she had the understanding that it was for her to deal with). You could seek a full account and inventory from the Probate Registry, but this will not be possible until the Grant has issued.

You could seek the intervention of the Court for an account and inquiry, but this is likely to be very expensive. Your best course of action is to negotiate with your sister and get her to make a compensatory payment out of her half of the estate to compensate you for the loss of goods (if indeed they have been lost rather than just stored).

[tamborine]

You have as much right into the house as sis (unless she lived there before the father's demise). Threaten to call police if she refuses entry.

I would remove the caveat if its only a house & contents to be shared. The caveat legal charges could swallow your inheritance.