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    • Lost Property
    • By Lost Property 13th Oct 18, 7:53 PM
    • 13Posts
    • 2Thanks
    Lost Property
    Intended executor bullied out of role by family
    • #1
    • 13th Oct 18, 7:53 PM
    Intended executor bullied out of role by family 13th Oct 18 at 7:53 PM
    My friend died recently (July) leaving his house to his family, however in his written will he had specifically designated his long-term girlfriend to be the executor of his estate. He owed her a sizeabke amount of money so I assume he intended her to claim it back from the estate before the family got the rest. He and the gf lived in his house for many years, along with various lodgers. Soon after his death the family (his ex-wife and two burly tattooed grown-up sons) allowed themselves irto the house with their own key and basically coerced his distraught gf into "signing over" her right to act as executor. It was pretty much a note scribbled in crayon onto the back of an envelope, as opposed to anything properly drafted by a solicitor and signed in comfortable surroundings after time to consider and take advice, as opposed to under duress.

    They "allowed" her to stay in the property until the final stubborn lodger had been "persuaded" to leave, rent hadving been accepted from him for some weeks, after which they then locked the deceased's former gf out retaining some of her possessions over which they disputed shared ownership with the deceased.

    Clearly the lodger was illegally evicted from what had become a new tenancy after the non-resident family accepted rent, but where does the former gf of the deceased stand?

    Can she legally reclaim the role of executor, citing duress at an emotionally vulnerable time? In any case, while the house is in probate did the pirate executors have the right to throw or lock anybody out until ownership had been transfered?
Page 1
    • Yorkshireman99
    • By Yorkshireman99 13th Oct 18, 7:56 PM
    • 4,601 Posts
    • 3,814 Thanks
    Yorkshireman99
    • #2
    • 13th Oct 18, 7:56 PM
    • #2
    • 13th Oct 18, 7:56 PM
    She needs urgent paid for professional advice. What has been done is illegal.
    • Lost Property
    • By Lost Property 16th Oct 18, 9:34 AM
    • 13 Posts
    • 2 Thanks
    Lost Property
    • #3
    • 16th Oct 18, 9:34 AM
    • #3
    • 16th Oct 18, 9:34 AM
    Apparently she could potentially claim maintenance as a 2-year+ cohabitee. The family may contest that due to the deceased's various bits on the side - would the court consider that, I wonder.

    Police were interested in the intimidation aspect but wanted the solicitor to contact them rather than the victim.

    Illegal eviction of herself should stick but the lodgers presumably can only claim if rent was accepted by the family, thus creating new tenancies.
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