Peobate & Responsibility of Next of kin

[Nerevar911]

Hi, first time posting on here wondering as to what rights I have over the next of kin and non executor. There are 2 executors and a solicitor involved probate has been granted, and we are working through possessions.

My father and next of kin to the deceased is a non executor. He has been periodically entering the premises without warning and questionably taking items. After discussing the situation with the solicitor no response has been recieved. As my father has dealings with him on a separate matter.

My question is does he have any right to enter the premises if I ask him not to, without myself or the other executor with him?

[des8]

Not clear whose who from your posting but the executors are the only people who should be dealing with the estate
Unless a person is joint owner of the premises, he should not be entering them without permission from the executor (assume the deceased was owner of the premises to which you refer and ther person entering is not the landlord)
If a person removes items that belong to the deceased's estate with the intention of keeping them , that is theft

"Next of kin is a term which conveys no rights in law.

[Nerevar911]

Thank you for this clarification. I am one of two executors and my father is the person i am enquiring about, he is the deceased son and was not named as an executor for other reasons. Ive been trying to find out if him entering the property and taking belongings of my grandmother was his right. The solicitor is non committal on this point as I know my father has other dealings with him. So felt I needed a second opinion. Thank you for clearing this up.

[des8]

It could be that your father is removing items which are his and were in the keeping of his mother.
Doubt about the ownership of those items would account for the non committal response of the solicitor

[Nerevar911]

Ahh explains alot more, we all have alot of possessions within the property as it was our meeting place everyday. But since her passing a rift has formed over handling her things between beneficiary and executors, its a moral and probably legal grey matter, and other than trying to talk to him about it I didn't know if having a "this is illegal" point to make was a way around the lack of communication over any situations we all have. Again thank you for providing your point. Happy holidays