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Can Executor be denied access to home of deceased.

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  • Can Executor be denied access to home of deceased.

    Mr and Mrs F owned their house as tenants in common. Each owning a 50% share.Mr F passed away twelve months ago and left a life interest in the property for Mrs F to live in the house until her death .Following Mr F death Probate was completed but all his possessions and property remained in the marital home .In his Will he left his 50% share of his estate to his daughters and grandchildren.
    Mrs F sadly passed away two months ago.In her Will Mrs F left her 50% share of the property to her daughter.The executor dealing with Mrs F estate and Mrs Fs daughter have the keys to the house. Can the executor for Mr F be denied access to the house to deal with Mr Fs possessions and property or does the executor for Mr F have a legal right to access the property, Any advice would be greatly appreciated.
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  • #2
    Unless Mr F's will specified what particular possessions would pass to his daughters and grandchildren, there may be a dispute between executors about who owned what. The best way forward would be for the executors and family representatives to meet at the house and come to an agreement about who owned what.
    To fulfil their executor duties they need to mutually agree a conveyancing practitioner to sell the house and 50% of the proceeds deposited in separate executor accounts.

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    • #3
      Has either of the executives notified the insurance company that the house is now unoccupied and has been so for 2 months? If not the insurance could be invalidated.

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      • #4
        Thank you Pezza54 for your advice .I have asked about the Insurance and have been told that Mrs Fs executor was sorting it out. Although I do not have any evidence that this is the case . Mr Fs executor has Grant of Probate for MrFs share of the estate . Would that make any difference's to the executors right of access to the House.
        Can you tell me whether Mrs Fs executor can legally prevent Mr Fs executor from gaining access to the house to deal with his belongings for example all his clothing and furniture.

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        • #5
          The executor would have to get permission and be given the keys or get a Court Order which may cost more than the possessions. Breaking in to the house would be trespass.

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          • #6
            Who is this executor? Context is usually helpful.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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            • #7
              The executor for Mrs F is the solicitor who drafted both the Wills for Mr and Mrs F.
              The executor for Mr F is his son -in-law who is not a beneficiary.

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