Next of kin can’t be traced for deceased resident

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  • #167339
    Chris Wilson
    Participant
    (15)

    Hi there – We have a recently deceased residents property still in situ. The local authority have been unable to find his daughter who would be next of kin as they were estranged. There is a brother and a nephew who have said they do not wish to have any of his property. The local authority are organising his funeral.

    We would like to get the property cleared so we can get someone in who needs housing. Has anyone any similar recent experiences and had to use Torts (Interference with goods) act ?
    All advice welcome.

    #167633
    Clare Heyes
    Participant
    (325)

    Hi, I had three similar cases where Local Authorities arranged funerals and extended families would not clear the property. In all cases I managed to get emails from family to that effect and then I went ahead and got in property clearance firms. My legal beagle advised this would be sufficient. Not sure if that was a sound advice but did not have any comebacks! I presume your Licence to Occupy contains the following clause as per the AA’s template:- Unless agreed to the contrary in writing with the Charity, you agree that any possessions, chattels or goods which may remain in the accommodation after the date of termination may be disposed of by the Charity. The sale proceeds, if any, received by the Charity for such items, after payment of any outstanding WMC or other liabilities and other expenses (including disposal and/or removal costs) shall be treated as a donation to the Charity.

    Clare

    #167680
    Chris Wilson
    Participant
    (15)

    Thanks Clare that’s useful

    #168254
    Tina LL
    Participant
    ()

    Experienced it once. the local council arranged everything including the clearance and funeral

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