Can Executor be denied access to deceased’s home

Zuffy

Thank you to everyone who has spent their valuable time in contributing to answer the questions raised
Mr Fs Will stated that the executor was also the trustee ( known as the Property Trustee)of his estate which included his 50% share of the house.In his Will it states this is his Trust Fund -   

   3.5 Subject as above the Property Trustees shall permit the Life Tenant to occupy or use rent free any property or assets which or the beneficial interest in which is for the time being comprised in the Trust Fund subject to those conditions for the payment of outgoings insurance repair decoration and other matters as the Property Trustees shall from time to time consider reasonable.

3.6 Subject as above the Property Trustees shall hold the capital and income of the Trust Fund as part of the residue of my estate.

For clarification would I be right in thinking that both executors have the same legal rights to deal with the respective estates of Mr and Mrs F and would also have the same legal rights to access the home .

doodling

Hi,

Yes, they are both joint legal owners as tenants in common (as trustees).  Neither of them has any greater right than the other with respect to the house.

Why is there an argument over legal rights?  If people have reached the point where they are arguing over legal rights then it feels like something has gone wrong (and some lawyers are about to get rich at someone else's expense).  Both executors should try and get along with each other, they will need to cooperate to do their jobs.

Zuffy

Hi doodling
Than you very much  for clarifying the legal position for Mr Fs executor who has now made contact with the executor for Mrs F to discuss the way forward
.
 It transpires that the beneficiary of Mrs F estate ( her daughter) did not want the executor for Mr F to have access to the house and did not want to provide him with a set of  keys. The reason for her reluctance to provide access/keys is not known  but hopefully  the matter can be resolved amicably now that contact has been made with Mrs Fs executor. 

Mr Fs executor doesn’t want to cause any issues or complications and is quite willing to attend the house by appointment if it means it prevents the daughter from causing problems.

Thank you again for providing clarity on the legal positions for both parties.

elsien

Sea_Shell said:

What did Mr F's will say with regards the rest of his estate (ex house)?

All to Mrs F, or something else?

This. I was presuming that unless Mr F made specific requests the rest of his belongings would go to his wife as his legal spouse.

Zuffy

Mr and Mrs F owned furniture and property from their previous marriages and wanted to keep the items for the benefit of their respective benefliciaries. Although they did not specifiy this in their Wills it was well known by their respective families as to who owned what piece of furniture/propety.