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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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My wife an I have been named as executors will of her

Customer Question

My wife an I have been named as executors for the will of her mother who passed away recently. Probate paperwork will be submitted fairly soon. The question at hand is whether our niece should be allowed unsupervised access to the deceased's house to collect some of her own belongings which were stored here.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, I would advise you as executor to be there when your niece is taking away her belongings. Whilst I don't doubt your niece's integrity, once you are executor you have a duty to safeguard and preserve the estate for the benefit of the beneficiaries. So until the estate has been divided out, you should ensure it remains available to be divided out. That is part of your duty as executor. This ensures that no items get removed from the deceased (mother's) estate until the will has been administered.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Thankyou, pretty much along the lines i thought, and largely what my wife told her sister - that we have a duty to conduct and that safest way for us to stay within the regulations/law regarding this matter was to not let any family member access the house without us present. They still class the property as "Nanny's House" while we are trying to explain to them that the law sees it as part of the estate to be administered and divided according to the will. The reaction was expected i was after some proffessional clarifcation.
Expert:  Buachaill replied 1 year ago.
3. Dear *****, I know this approach to safeguarding the estate might immediately make you unpopular. However, the bot***** *****ne is if something goes missing, it is the executor who has to account for not having safeguarded the estate. So a little bit of unpopularity now saves a lot of hassle and a disgruntled beneficiary later.
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Customer: replied 1 year ago.
Again thank you - i intend to stick with preventing access to the property until everything is sorted out. Not being popular is something i can handle (I am a serving SNCO in the British Army). I will be collecting the only other spare set of keys off the neighbour shortly. Thankyou for the advice and I rate your response as excellent.
Expert:  Buachaill replied 1 year ago.
4. Glad I could have been of assistance.

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