My mother died last september. I lived in the property with her for c.9 years. Her will names myself and my sister as joint executors. She has applied for and been granted by the court Personal Representative with "powers" reserved to me. The will provides that the property be sold and the monies split 50:50. She has now served me a Notice to Quit on the grounds of trespass. Does she have a right to do this? What are my reserved powers? Why was I not informed that she was making herself my personal representatvive?
Province/Country relating to question : Lancashire
I have spoke to a solicitor on an initial query basis. She was expert in property law but was unclear as to the status of "reserved powers". She was also somewhat unsympathetic and indicated that the firm would charge "thousands of pounds" to fight the case.
Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.Did you contribute to the household expenses?
I payed towards food bills and maintained the car but did not pay towards utility billls etc
Good afternoon,Your sister should have given you notice that she was applying for Probate in this way. The sworn Oath does provide for this in the form. She has therefore behaved incorrectly and is in contempt. I fail to see how a Notice to Quit on the grounds of trespass would carry any weight or validity what so ever. The reserved power that you have is that you are still and always will be an Executor unless you choose to renounce. I repeat that you should have been informed and you should fight this threat all the way. Having said that, I do not believe that your sister would necessarily succeed in getting you removed considering your position as Executor and as residuary beneficiary.Best wishes FE
30 years General Practice. All aspects of Property Law
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