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Are family members allowed to take sentimental items from the home even if not stated in the will? LocalSolicitors.com

Are family members allowed to take sentimental items from the home even if not stated in the will?

 The answer depends on why you are asking the question. Is it because:

a. You wish to appoint somebody in your Will who is sectioned.

b. Somebody who is already acting as an executor has been sectioned; or

c. Somebody who is named in a Will as an executor is currently sectioned and the Will maker has died.

The answers would be:

 a. When somebody writes a Will they should endeavour to appoint somebody who will be able to carry out the functions of an executor when they die. If there is any doubt about a proposed executor you should strongly consider appointing somebody else.

b. Whilst somebody is sectioned they are deemed unable to manage their own affairs and this would mean that they are also unable to deal with an estate. However whoever is responsible for the sectioned person's affairs may be able to deal with the estate whilst they are sectioned.

c. As somebody who is sectioned cannot manage their own affairs then it seems unlikely that they could apply for a grant of probate to deal with the affairs of somebody else.

Can someone sectioned under the mental health act be an executor of a will?

Assuming your mother was legally married to you father, if he dies intestate (without a will), then everything will pass to your mother regardless of whether or not she is named on any assets.

My parents don't have a will, does my mum automatically get everything when my dad passes?

Julia Bowman

Are family members allowed to take sentimental items from the home even if not stated in the will?

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