Executor being blocked from carrying out duties.

[ChrisBell61]

Hi, I am the executor and sole beneficiary of my recently deceased father. My mother had a non-mutual severance of tenancy done on their property, unbeknownst to my Dad back in 2019. I'm now trying to do all the executor duties, but my mother has stopped me from entering the house at all and refuses all contact.

All I want to do is what my Dad asked me to, so the question is how do I get access to the house, his belongings and paperwork if I can't get in the house? She's also threatened me with the police if I try. As you might imagine there is no love lost between us. My Dad had a Will done before he dies, and I have no clue if my "mother" has made any arrangements. I appreciate I will have to wait for the 50% share of the property, but there's £80k in three accounts in my Dad's name.

Any ideas of a way forward that I can do, or is this best passed to a legal specialist?

Cheers - Chris

[Hagalout]

Threaten to Charge her Rent for your half of the property, unless your dad said she could live there till she dies

[Hagalout]

Although if he didn't know about the severance he wouldn't have known he needed to let her live there?

[des8]

Severance of joint tenancy requires service of a written notice of change to the other tenant, altho' their agreement or cooperation is not necessary.

Do you have the will, and are you named as executor?
If so you can still proceed with obtaining a grant of probate.
You should speak to the banks in which your father had accounts and either obtain those funds, or at least have the accounts frozen until a grant of probate is obtained.

And yes, once probate is granted you can charge occupation rent for your share of the property. This could possibly be backdated to the date of severance if your father was refused permission to live there