Sister living in ex partners home after death

born_again

https://forums.moneysavingexpert.com/discussion/6483484/notice-requiring-possession#latest

sheramber

Already posted here.  It is better to stick one thread as then people can see what has happened previouslly.

https://forums.moneysavingexpert.com/discussion/6472472/sister-living-in-ex-partners-home-after-death#latest

Nataliel14

elsien said:

She has a solicitor. What does her solicitor advise? She would probably be wise to remove any important documents and personal possessions from the property if there is someone who can look after them for her.
I would, however argue that they didn’t break in because the executors of the estate should be able to enter the property. It is discourteous for them to enter without arranging with her, but unless their behaviour borders on harassment, I don’t think it’s unlawful. 

She’s still living in the property but has locked away her personal important documents. The solicitor has said that they did break in because there is no will and it was 3 days after he died they haven’t applied for probate yet. The solicitor has asked for their assurance that they won’t try to remove her from the property until her case is resolved. That’s all he’s said on the matter. We can’t change the locks but he said we can put a chain on the door for extra safety. 

Nataliel14

_Penny_Dreadful said:

Nataliel14 said:

Hello

My sisters partner of 15 years sadly died on Friday just gone. His family were ok up until he passed away. They demanded his bank card on Saturday evening not even 24hrs after his death. Yesterday my sister was out at my parents house and the family asked if they could go in to get some things, my sister said she’d like to be there to help so asked if they could wait until she got back. They found out where my parents lived and banged on the door and were verbally abusive. My dad phoned 101 just to log it. My sister just happened to check her cameras at the flat when she saw 4 men standing outside her front door. There was a locksmith and they were breaking the door to get in. We phoned the police back and they said they’d send someone round. Little did they know my sister had cameras so she caught it all. Police said it was a civil matter and they couldn’t do anything. They gave her a new set of keys but also the family have a new set of keys. We went back to the flat to get some pjs for my sister so she could spend the night with my parents as she’s upset and scared. The family went in and took the safe, my sisters security cameras, some of her personal items and pictures. We reported it to the police this morning. Now as there is no will and they weren’t married, we know they can kick her out once they’ve got probate but I was just wondering what happens between now and then? She’s scared to go back in case they just let themselves in again. We got them on camera saying “we’ve changed the locks, if no one is here she can get a locksmith but if someone is here she can’t so I’ll stay here tonight”. It’s so upsetting for everyone because my brother in law only died on Friday evening. Any advice would be appreciated. 

What an awful situation for your sister to be in. This is why it is so important to make wills people. The police can be terrible when it comes to dealing with housing situations. There's no way his parents were granted probate or the role of estate administrator in just a few days and it is quite frankly disgusting behaviour from his family. Your sister needs to see a solicitor immediately. The first thing she needs to do is about applying for an occupation order. That would give her some breathing space. Following that she can look at demonstrating a beneficial interest in the property which can be registered with the Land Registry and would stop his family being able to sell out from under her. I'm assuming your sister and her late partner had no children because if they did then under the rules of intestate any children would inherit ahead of his parents.

As far as we are aware they haven’t applied for probate yet and she has a solicitor involved because of the inheritance act claim. The solicitor has asked for their assurance that they won’t try to remove her from the property until her claim is resolved but I don’t think they will. Obviously they have a key so she’s scared but the solicitor said we can put a chain on the door for extra safety. 

FreeBear

Nataliel14 said: We can’t change the locks but he said we can put a chain on the door for extra safety. 

You can certainly put new locks in.

Until such time as the "children" have been granted probate, they have no more right of entry than any other oik off the street. Even after probate has been granted, their rights of entry are limited to those of any other landlord.

Olinda99

they are not a landlord there is no tenancy agreement in place

the house belongs to someone else and the op's sister's partner has no rights on residency there

he may have a claim when the house is sold on some proceeds of the house if he contributed to the mortgage for example

the executors can enter at any time and change the locks should they wish as it is their house

this is an unfortunate situation that people who are not married find themselves in when their partner dies but that dies not changed the fact that the person referred to has as much right to stay there as if they were standing in the middle of your lounge ie none

doodling

Hi,

If there is no will then, until someone has Letter of Administration then the only person who can legally force entry is someone representing the Crown which currently owns the property.

Once Letters of Administration have been obtained then whoever has obtained them is representing the Crown in the matter of that estate and could evict your sister.

I woukd change the locks again.  If someone tries to force entry then they are committing criminal damage although I doubt the average policeman will want to get involved in the legal detail so unfortunately they may be of no use.

deannagone

I wonder if putting a wedge in under the front door to stop it being opened would be legal?  Same for back door if there is one.

penners324

Go back to the police and advice that they ate breaking in illegally.

theartfullodger

Olinda99 said:

they are not a landlord there is no tenancy agreement in place

the house belongs to someone else and the op's sister's partner has no rights on residency there

No.

 The occupant, partner of sister, was granted permission to live there by deceased partner.

Their wishes should be respected.

The estate/executors need to take them to court to evict them, not illegally harass and evict, both offences which can and have ended in imprisonment for unpleasant or otherwise owner.

Best wishes to all.