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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24292
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother died 13+ months ago, leaving her estate 50/50 to

Customer Question

My mother died 13+ months ago, leaving her estate 50/50 to me and my
brother, neither of us executors.  The execs are a local solicitor and a lay
person who was known to Mother.  Brother has never worked (he’s now 59)
but has lived in our parents’ house, on benefits, since leaving school.  No
tenancy agreement, no contribution to the maintenance or upkeep of the
property.  Probate granted, brother refusing to move out, refusing Social
Services’ offers of accommodation.  Possession Order was granted, bailiffs
went in 2 days ago and brother has left, but leaving some of his belongings
behind.  I’ve been refused entry or access to the house or the curtilage by the
execs since Mother died, on the grounds that brother didn’t want me
around.  I’ve complied with that, but was assured that I would be allowed
into the house once brother had left.  Made that request 2 days ago, and am
still being denied access.  There is nothing left in the house, other than
brother’s ‘stuff’ – my reason for wanting access to it is to maximise the
value of the property without incurring further expense to the estate in terms
of gardening work/rubbish clearing/house clearing (over which I have had no
control)
Submitted: 11 months ago.
Category: UK Law
Expert:  Joshua replied 11 months ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Is it intended that the property is to be sold please or do you propose to make an offer to buy out your brother's share?

Customer:

Confusing website ...

Joshua :

Sorry are you have any difficulties?

Customer:

answer to your question is, the property will be sold and I can't afford to buy my brother out.

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24292
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other UK Law Specialists are ready to help you
Customer: replied 11 months ago.

Think I might have cracked it!

Customer: replied 11 months ago.

Joshua, thank you, but my question was about my access to the house. As a beneficiary, am I allowed entry to the house when my brother and his 'stuff' have been shifted? Do the execs have the power to keep me out of the property, and can they then sell the house for peanuts without checking with me and my brother before they do?

Expert:  Joshua replied 11 months ago.
I am glad you are having more success. I am not certain how many of my above posts you have been able to read. I will re post them again now below. Please come back to me if you have any further questions of course.

The executors duties are to secure the assets of the estate for the benefit of the beneficiaries of the estate. Where there is only one beneficiary in practical terms that beneficiary can to a large extent call the shots but where there are more than one beneficiary they have to consider all the beneficiaries in respect of their actions...

In this case I am regret that they do not have to allow you access because they must have regard to the property of the estate in respect of your brother's interests. You could for example (and I do not for a moment suggest that you would) remove property from the house for yourself without the executors knowledge or damage the property in some way. The executors could be liable to the other beneficiary(ies) for loss

Obviously in practice here you are simply trying to be helpful and try to reduce costs. The executors certainly can allow you in but if they do so without your brothers consent then they could have a liability potentially to your brother if he were to claim that things have been taken for example. It could be for this reason why they are being difficult from your perspective.

If your brother were to agree to you having access then the issue goes away and the executors have no reason not to allow you access. If he refuses the executors may continue to be (and in one sense are not wrong to be so) cautious in this respect.

If you are concerned with regard to costs there is nothing stopping you suggesting cheaper alternatives to contractors the executors are proposing to use. In terms of access and so on if you feel it is possible consider speaking to your brother and making your proposal. I appreciate you may not be on ideal terms but if he consents to your access and confirms as such to the executors there is no reason you should not be given access.

Customer: replied 11 months ago.

Didn't read my question, so the answer was meaningless. Waste of money.


 

Expert:  Joshua replied 11 months ago.
May I enquire why you think I have not read your question? I read it very carefully and have answered it above. I am unsure whether you have been able to read my posts - if you are still having difficulties with the site please do advise. I have explained above why they do not have to allow you access but what you can potentially do to address this. Have you been able to read this?

Obviously if you have any follow up question I am very happy to clarify or assist further as necessary.

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