Legal Rights Executor

LouIvyLou1989

Hi 
I'm hoping someone can offer some advise.

My father passed away in March 2023, I have been left executor of his estate which includes his home that was owned in his sole name.

My stepmum is currently in residence at the property, she is not a named owner, my father indicated that he would like to leave the house in trust with the conditions that my stepmum can reside for as long as she wishes. 

Probate has not been granted yet so the property has not been placed into trust yet. 

My stepmum has been obstructive throughout the whole administration process, hiding mail, refusing entry into the house and dictating who can enter the property. 

Please can someone advise what my legal rights are as the executor of the estate, can I enter the property without my stepmums consent if she is living in the property? 

What are her rights at this moment in time if the property has not yet been placed in trust and the estate is still in the admistration process? 

My stepmum is leaving the property unattended for weeks at a time, this is worring me as she runs a business from the house, growing flowers / plants which requires a lot of lighting to be left on etc to help the flowers / plants grow. 

The Will states that the trust is to also be managed by myself. 

I'm struggling to find any information on my legal rights as an executor or management of a trust. 

Also father died suddenly and was in the process of amending his Will to leave another property to myself, the home that I reside in, we would like to do a Deed of variation to proceed with the new draft Will but once again my stepmum has indicated she will not consent to this as she will lose money, although she knows of my father's intentions and wishes. 

There are six beneficiaries of the will, can the Deed of Variation be done if 5 of the 6 beneficiaries agree? 

Any help would be gratefully appreciated. 

Thank you in advance 

p00hsticks

LouIvyLou1989 said:

There are six beneficiaries of the will, can the Deed of Variation be done if 5 of the 6 beneficiaries agree? 

Sorry for your loss

I'm afraid I can't help with the trust side of things, but as far as the Deed of Variation goes, my understanding is that needs the agreement of all of those who will be negatively affected by the deed - that could be anything from a single beneficiary or all of them. 

So for example, if a will leaves a property to persons A, B and C, and you wish to have a deed of variation to leave it only to A&B, then only C needs to agree to it, but if you wanted to leave it to person D, then A, B and C would all need to agree. . 

Is there any possibility of rearranging the estate funds so that you get the property but in return give up something else you have been left  in favour of your step-mother so that you both still end up with the same value from the estate following a deed of variation ?    

Keep_pedalling

I would suggest you consult the solicitor who drafted the will. Assuming this is an immediate post-death interest trust the trust has been created by the will and there is little for you to manage apart from registering it with HMRC. Your step mother is now the beneficial owner of the house and the trust is the legal owner.

msb1234

The house is, I assume, your stepmother’s home and as it has been left in trust to her, you have no rights to enter it, either as an executor nor as a beneficiary to your father’s estate. What does your father’s will say in regard to any of his personal possessions? 

Newly_retired

I don't think we can assume anything - it depends on the wording of the will. The OP suggests that a new will had not been written, so maybe there is nothing in the existing will about the property where step-mother is now living?
The OP says " My father indicated,...." but that may have no legal standing.
You need to take legal advice from a solicitor, with the will in front of you.