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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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my father recently died and left his estate to his 3 children

Resolved Question:

my father recently died and left his estate to his 3 children his home was covered by a tenants in common agreement leaving 80% to us and 20% to his widow, she is refusing entry to collect his belongings and to have his estate valued as required by the probate application and has said if we attend to gain entry she will call the police, yet under the will and tenants in common agreement the house is 80% ours where do we stand in order to gain access, it looks like she is simply stalling but we believe she will also contest the will
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, it is only the executor of your father's will who may enter upon the property jointly owned and take away your father's personal effects and belongings. No one else is allowed to do so as in law, the executor is custody of your father's belongings. This should be explained in writing to his widow by the executor writing to her. Be aware that until the conveyance of the property to you as 80% tenants in common, you have no right to enter upon the property. So wait until this has been done before you enter on the property. Again the executor or the solicitor to the estate should have explained this to you. If there is a possibility of a challenge to the will, this has to come within 6 months of the will being admitted to probate.

Customer:

but how can we get round gaining access to value his estate if she won't let us? We have asked a family friend to make contact so that he can value it but again she is stalling things by saying she is at the doctors and too upset to speak.

Buachaill :

2. This is the executor's job. He simply writes to her and then attends with the valuer and does his work. If she doesn't give access within a certain period of time, normally 14 days, then the executor gets an order of the court to do so.

Customer:

ok thank you

Customer:

do you represent in contentious probate cases

Buachaill :

3. I no longer represent people in contentious probate cases. In this situation, I would advise you to speak to a local solicitor with experience in probate matters at the outset. However, be aware that it is the executor who should really be shouldering the burden of the current difficulties with your father's widow,as it is the executor who has power to solve all these difficulties.

Customer:

its knowing where to start as we three children are collectively the executors

Buachaill :

4. What a mess!! Well then the three children have to write to his widow and set out the legal position and give her time to allow entry. I would suggest the three children get themselves a solicitor here, as this will ultimately be necessary if litigation arises.

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