The family of a recently deceased public housing tenant fears losing their life’s work after being barred from their apartment due to bureaucratic red tape.
Performance poet Glenn Hutchinson was found dead in his home in August, but Cambridge City Council refused to allow his two daughters access to the property until it was granted probate.
Probate proves the right to manage a deceased person’s estate and is necessary if the deceased had a large amount of assets. The family was informed that the application could take up to 16 weeks to process, but if the documents could not be submitted, ownership of the property would be granted by the city council within a month.
“I have a key, but the door is boarded up,” said daughter Ailsa McKenzie. “I can’t go get his bank statements or utility bills, so I can’t close his account or notify the authorities. My father is living on welfare. , all his property consists of personal possessions, which are valuable to us, but of no value to others.”
MacKenzie and her sister submitted birth certificates and identification documents to prove they were next of kin, but Cambridge City Council refused to accept them.
The family is concerned that Hutchinson’s poetry books and photographs will be destroyed by contractors before they can enter, due to the condition of the grounds. The council has advised that the contents of the apartment will be stored in the garage, provided the apartment is “safe and sanitary”.
“My father has PTSD and mobility issues that have prevented him from working and keeping his apartment clean,” McKenzie said.
“There’s an order to that, and anyone who spent time with him will understand. We’re desperately trying to find his poetry archives and diaries to protect his legacy, but… He fears they will be nothing more than documents to the council officers who come to clean his flat, and a “safe and sanitary” directive will be issued. They are junking everything.
“Even if all of his belongings were stored, it’s unlikely he’ll be able to find what he needs if it’s all jumbled up and thrown away in the garage. It’s unlikely that he’ll be able to find anything with sentimental value before it’s too late. I’ve asked the city council for one hour if I need to pick up certain items, but they won’t listen.”
A Cambridge City Council spokeswoman said Ms Hutchinson’s belongings would be kept safe until probate was granted.
It added: “These are difficult times for families and it is important for the council to ensure that the process of recovering a loved one’s belongings does not become any more difficult.” However, because the deceased tenant did not leave a will and did not provide next of kin to the council, the law requires someone to present a grant of representation to the council before they can manage the estate. . Providing identification does not meet this legal requirement. ”
Ian Bond, from the Law Society’s wills and equity committee, said relatives should not be required to go through probate when entering a property.
He said: “Most local authorities allow those entitled to claim probate access to deal with grants or locate important documents without official authorization.” . “In this case, the local authority would be aware that the tenant was a long-term beneficiary.” Therefore, it is unlikely that the tenant would have large assets requiring probate. ”
Ms McKenzie believes her father would have made a will if he had understood the difficulties his family would face without one.
“It’s disrespectful to our father and inhumane to us to have a stranger pack his belongings into bags and throw them in the garage or trash,” she said. “This is adding more pain and suffering to an already incredibly difficult time.”
Last week, the probate office confirmed in writing that the sisters’ application had been approved.
Cambridge City Council still refused access to the family’s property, but after pressure from the Guardian, agreed not to remove the contents pending certification.
