Changed the locks

Warren100uk

Hi all, after years of caring for and living with our mum with Alzheimer's she sadly passed away. Other family members have never accepted that while mum owned the house, it was also out home. Now the fun is starting with the will. Mum kindly wrote in her will for us to have right of stay for 2 years. Other family members are starting to talk about have gatherings in the future at the house and to be honest, we do not trust that they will not just let themselves in when we are not there. Someone suggested that we change the locks which we have but I would like confirmation that is correct. My wife and 3 others are executors and of course for duties relating to the estate and with appointment we would allow access with us being present. Currently we just want our 2 years to rebuild our lives and then worry about money from the house after that. Were we correct in changing them with consultanting the others? Thanks

tetrarch

It depends on how the will is written.

It could be that the house is owned by the legatees immediately upon death and that you just have a right of occupancy in which case refusing a (part) property owner access to their house could be deemed restrictive

There are a ton of questions that spring to mind with regard to maintenance and utilities etc.

IF you were a renter then you would have the right to quiet enjoyment, but that doesn't seem to be the case with the limited information you have provided

Also, again depending on the will, your two year clock may have already started and that may reasonably include the active marketing and sale of the property towards the end of you "tenancy" to enable the estate to be then divided

You really need to meet with the other executors/legatees to thrash out the detail of how this is going to work. I appreciate that you are concerned about your privacy, but the potential acrimony that this situation could possible create would dwarf any fears on that front

Another thing to consider is the remainder of the estate outwith of the property. There is no reason why this cannot be handled completely separately and an interim distribution made - that said any estate liabilities vis-a-vis the property itself may be have to be taken into consideration.

I am not a probate expert, but I'm not sure how the distribution would work within the Executor's two-year period. You also haven't mentioned IHT

More details would be great - the wording of the will is critical

Regards

Tet

poseidon1

OP you already have a separate thread running which includes this issue.

In any event I suspect few can comment conclusively on the legality of what you have done, since a testementary right of temporary occupation of a deceased's home by some beneficiaries of an estate to the exclusion of others would be exceedingly rare . I never came across such a provision professionally, and can see the potential for family strife such a provision can give rise to.

One thing worth highlighting , is if your mother accepted the house was also your home, why such a relatively short period of occupation after her death embedded in her will? It sounds more like a provision giving you sufficient time to find a new home so that you do not face immediate homelessness at the point of her death.

Warren100uk

Hi thanks for your replies. The will states from the date of her death, we can reside in the property for 2 years. This was put in place for us to get ourselves together. It also states that the house can not be put on the market or for sale until the 2 years has passed or we decided to move out. Then the proceeds from the sale would be split . We are responsible for all bills and maintaining the property during the time.that we occupy the property. Thanks

GrumpyDil

OP, rather than paraphrasing are you able to post the exact wording as that may be critical?

Keep_pedalling

While this is your home no one has the right to enter it without your permission, and there is nothing stopping you from changing the locks. The same would apply if you were renting a property.

Brie

the house can not be put on the market or for sale until the 2 years has passed or we decided to move out.

decided? or when you move out? You may decide to never move out - there have been numerous posts about that situation which appear to be completely against the intention in the will but which someone resident refuses to budge. Not saying that's what you are doing or intend to do.

In any case I think the best thing is to be open with the other beneficiaries and tell them the locks have been changed and that you can all sit down to discuss how things should proceed once the dust has settled a bit. Assuming you can't buy the others out then it might be fairest to start looking at moving as soon as you feel able thus giving everyone both time to grieve and time to get the house sold. It won't magically happen quickly so you might be happy to be resident while it's on the market and that in itself will eliminate some of the vacant property issues that others have.

Sorry about your loss.

IOWJJBTM2025

Who pays all the utility bills? Surely your family would not expect be able to let themself in and use the property unless they are contributing.

Also what about all your personal possessions? Change the locks.

Warren100uk

Hi all, we would absolutely not stay any longer than the 2 years. Mum was so kind to want to make sure that we had time to sort ourselves out that we would not do anything that breaks her wishes for her money to be split. To be honest, I have to now go and find full time work as I was caring full time and we need time to save and ensure that when we leave we can get our own mortgage as we cant afford to buy the others out. We would love to as the home has been in the family for over 60 years. We are obliged as per the will to pay all bills and the house has all of our possessions in it. Generally the only way anyone would know the locks have been changed would be if the tried to enter when we are not there. People want the house sold asap bang on the 2 years and are already having discussions about that, rather than saying, we know you have 2 years, let us know when you are ready and we can move forward then.Thanks

tetrarch

The way you explain it will likely not meet your co-legatees expectations.

They want the house sale completed on day 731, but you are saying that the house may not be listed until day 731.

The incentives are very much unbalanced at this point. This is not questioning your integrity or motive but that It will be very much in your interest to delay the sale and proceedings as long as possible at the two-year point

All you have to do is reassure your co-legatees of the process and your intentions.

The way you started your post seemed to imply that you just want peace and quiet and no interference for a period. There is a strategy here that you agree now that you will market the house with a view to completion on or near day 721 but would appreciate having sole control of the property until then. That would kick the can down the road

Regards

Tet

gplion55

This kind of arrangement with an occupational period granted in the will is common.

Changing the locks is a secondary consideration and good for your peace of mind.

You should however not treat the condition of the will as 2 years of freedom.

You should start organising and planning your move to a new property now so that you are out of the house with at least 3 months to spare before the occupational period expires. The house and exterior will need to be cleaned/ decluttered and tidied up ready to make it presentable for sale and any essential repairs also done in the meantime so that the house is actually ready and on the market at the 2 year mark.

Unless you have made a formal arrangement with the estate to remain in the property, you must leave.

Based on the rentable value of the property, (you can research this on Zoopla) you will be liable to pay rent from day one after your occupational period has officially ended. This is known as "Occupation Rent" and is designed to protect the estate from losses incurred while the property cannot be sold. It is owed to the estate.

So, once again, the sooner you start, the better it will be when the time comes and the house sale can go ahead without any legal complications.