Gaining access to the estate info

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Sally_jenkins
Sally_jenkins Posts: 13 Forumite
in Deaths, funerals & probate
Hello, I am new here so please bear with me. I have a million questions but I'll start with just one. Can one executor prevent another from accessing the estate on the grounds that they simply do not want the other person there? I assume not, but when I've been the estate property, I have been denied access and I do not know how to proceed.
They initially said I couldn't look a the paperwork, then they said I couldn't go into the house until I agreed to pay for a solicitor and then they said they were too tired to let me in.
How am I supposed to fulfil my duty as executor?
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  • xylophone
    xylophone Posts: 44,413 Forumite
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    You and the other party are the executors named in the will?

    You have consulted a solicitor?

    Presumably he has advised you of your rights and duties as joint executor?
  • Sally_jenkins
    Sally_jenkins Posts: 13 Forumite
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    Yes, the two of us are named as joint executor.
    My husband and I had hoped we would not need a solicitor because the estate is simple and straightforward. We eventually agreed when she wouldn't let us in. But she still wouldn't let us in! She just keeps moving the goal posts. She has also moved into the house and has had her friends around while she denies us the right (and has said my husband is never allowed in the house).
    I do not know how to proceed.
  • Sally_jenkins
    Sally_jenkins Posts: 13 Forumite
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    (We are hopefully seeing the solicitor next week.) We have seen one for the reading of the will but my sister just didn't listen.
  • Browntoa
    Browntoa Posts: 49,300 Forumite
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    You don't have a "reading of the will" it's fantasy for films and TV .
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    Long term forum member
  • Sally_jenkins
    Sally_jenkins Posts: 13 Forumite
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    Ok, I have no idea what you call it then. We went in and she told us what was in the will. Hope that helps.
  • Flugelhorn
    Flugelhorn Posts: 5,579 Forumite
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    so has anyone started applying for probate?
    insured the property?
    informed the utilities?
  • Sally_jenkins
    Sally_jenkins Posts: 13 Forumite
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    The insurance was done on Friday after a battle.
    The utilities haven't been informed and we have no access to the necessary paperwork for the probate. We literally haven't been allowed in the house to see anything so far.
  • Robin9
    Robin9 Posts: 12,102 Forumite
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    Just trying to get a bit of background :-

    I presume a death in the family - mum or dad and is either still alive.

    When was it ?

    Are you and your sister the sole beneficiaries and is there a property to be sold ?
    Never pay on an estimated bill
  • Sally_jenkins
    Sally_jenkins Posts: 13 Forumite
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    Hello,
    Yes, it was my mum who died. Our dad died 4 years earlier. We are the only two siblings and sole executors and beneficiaries of the will. It is uncontentious in theory. There is a property to be sold. Mum died in mid June and my sister moved in straight away and hasn't permitted me to go into the house since.
    I hope that helps.
  • Keep_pedalling
    Keep_pedalling Posts: 16,625 Forumite
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    Sally_jenkins wrote: »
    Hello,
    Yes, it was my mum who died. Our dad died 4 years earlier. We are the only two siblings and sole executors and beneficiaries of the will. It is uncontentious in theory. There is a property to be sold. Mum died in mid June and my sister moved in straight away and hasn't permitted me to go into the house since.
    I hope that helps.

    Your sister has no right to occupy the property or to prevent you accessing it. Had she not occupied the house it would have been e empt from council tax, but that is now her sole responsibility and is not an expense that should come out of the estate. The same goes for any other utility bills.

    I would write to her giving her the chance to get together to start sorting probate. Inform her that if she fails to comply you will be taking legal action to have her removed as an executor, and evicted from the house. This will be expensive but if you do nothing she has no inventive to leave.
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