Sticky situation

Rileybaby

Bit of a backstory..Mum died 15 years ago leaving dad in the family home. Dad died 10 years ago leaving a will stating the family home was to be split equally between all of his children but with a clause saying any children remaining in the home could do so until their death. (No issues so far). I have searched & don’t think it ever went to probate & the house seems to be unregistered with the land registry.

The last child remaining in the former family home has recently died & I want access to the house as I still have belongings there. The executor refuses to give a key. Am I within my rights to change the lock & provide a key to the siblings (one of whom is the executor) as according to Dads Will (which I’m yet to see) I own either 1/4 or a 1/3.

Savvy_Sue

I am not sure you are within your rights to change the locks, because the executor is responsible for the property now. However, have you asked if you can meet them at the property to claim your belongings? And will you be able to easily demonstrate what's yours?

Rileybaby

Thanks Savy-Sue. I know the executor is responsible for the property.

I have concerns that they are failing to act in the interest of all beneficiaries (following Dads death some years ago) and I don’t even think probate was ever granted. The question is what to do next?

Margot123

As you are not the executor, you may technically be committing criminal damage if you were to change the locks. Currently the only person permitted access is the executor, and others at their discretion.
It does seem unreasonable, however, not to let you in (supervised) to reclaim your belongings. Again, they may ask you to prove possession.

Rileybaby

Would this be the same even though my dad died over 10 years ago and it was his house to be split between his children?

Yorkshireman99

Rileybaby wrote: »

Bit of a backstory..Mum died 15 years ago leaving dad in the family home. Dad died 10 years ago leaving a will stating the family home was to be split equally between all of his children but with a clause saying any children remaining in the home could do so until their death. (No issues so far). I have searched & don’t think it ever went to probate & the house seems to be unregistered with the land registry.

The last child remaining in the former family home has recently died & I want access to the house as I still have belongings there. The executor refuses to give a key. Am I within my rights to change the lock & provide a key to the siblings (one of whom is the executor) as according to Dads Will (which I’m yet to see) I own either 1/4 or a 1/3.

You don't have the right to break in. The executor has been negligent in not dealing with the will and obtaining probate. I suggest you send him a letter by signed for delivery asking for ascess and when probate will be applied for. He needs to be told that he will be personally liable for any costs of his inaction.

Margot123

The issue here is with the negligence of the executor. You will have to pursue this via a recorded letter in the first instance, then a solicitor's letter, followed by court action if necessary. I fear you will be ignored until a summons is issued though, as so much time has passed and you have only just taken action.

getmore4less

Who would be the trustees of the property based on your dads will.

Executor of last surviving occupier should not have control of the property.