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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have lived with my mum years and she passed away in

Resolved Question:

I have lived with my mum for 9 years and she passed away in February. My sisters have keys and while I was at work they came over to sort her clothes out which I was aware of but they decided to start throwing things out and sorting through her belongings without my knowledge. Am I entitled to change the locks as I pay the bills or do they have the right as executors to come and do what they want
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWho owns the property?have you discussed your feelings with your sisters?
Customer: replied 1 year ago.
My Mum owned the property. We are currently waiting for probate to go through. I explained how upset I was that they not only threw her stuff away but also some things that are mine. They dont seem to care and want to carry on clearing the place out. Im concerned that more of my belongings or things they believe I dont need will be thrown away. The bungalow is going to be sold which I understand and I am looking for somewhere to go so im not holding things up by being there.
Expert:  Clare replied 1 year ago.
Have they obtained a grant of Probate yet?
Customer: replied 1 year ago.
Not yet it should be granted end of April or beginning of May
Expert:  Clare replied 1 year ago.
Out of interest - have you been given a larger share of the equity in the house?
Customer: replied 1 year ago.
No we all have the same share. 80% to her 5 daughters. 15% to the grandchildren and 5% to charities
Expert:  Clare replied 1 year ago.
Will you have enough to rehouse yourself?
Customer: replied 1 year ago.
I will have yes thank you. Can I legally change the locks.
Expert:  Clare replied 1 year ago.
Technically since Probate has not yet been granted the Executors should not be disposing of anything since the Will could yet be challenged.Indeed you have good grounds to challenge the Will since you were dependent on your mother for your housing and she has made no specialprovision for you.Unfortunately they are entitled to enter the property and changing the locks at this stage is not an optionHowever in the circumstances, since you are resident at the property and they do not yet have probate I would inform them that whilst they have the right to enter the property they have no right to dispose of anything and unless they agree not to do so you will have to apply to the court for an Occupation Order which will exclude them and enable youto change the locksHopefully this will not be necessary - but it is an optionPlease ask if you need further details
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