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Help please with my Fathers Will

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  • Help please with my Fathers Will

    Hi, I would be very grateful is someone could help. My father moved into a care home 2 years ago, appointed my sister as a power of attorney and a charge was placed against his property to repay the care home fees when he died.
    He then passed away just before Christmas. I havenít yet seen the Will but I believe both my sister are executors and joint beneficiaries.
    Unfortunately my sister has now moved out of her own house into my Dads property and is refusing to leave.
    She has access to all the paperwork and is also refusing to advise his bank and pension company etc of his death.
    I have spoken to my Dads solicitor who wants sight of both mine and my my sisters identification before releasing the Will. I have provided my documentation but again my Sister is refusing to provide hers.
    As there is a charge over Dads house the county council obviously want their money back and my sister has stated it is her intention to sell her own property, pay back the council with the equity and carry on living in my Dads house with her 14 year old daughter.
    I really want the property sold....is there anything I can do?
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  • #2
    The authority of the executors appointed in the Will arises on the death of the testator. Consequently, they are entitled to call for the deceasedís Will to be handed to them.
    Although the executors are required to act jointly, for the most part, the ability of the executors to deal with the deceasedís personalty is joint and several. Therefore, technically, either executor can request the will, and it should be handed over by the solicitor.
    Tell him to check with Probate Registry and even possibly release the will to the Probate Registry where you are intending to extract the grant.
    If he refuses warn him you will have to issue a subpoena under s123 Senior Courts Act 1981 (see also r50 NCPR 1987) for them to produce the original will at the Registry. (If it goes this far you may need some professional assistance)

    PS you can advise Bank and pension company of your Father's passing, You will need to supply a copy of the death certificate

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    • #3
      Thank you DES8 thatís really helpful.

      Comment

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