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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My family solicitor is on leave. I am a joint owner of a

Resolved Question:

my family solicitor is on leave. I am a joint owner of a property [on the TR1] and I have changed the locks,my father having died. My daughter is Executor. Does she have unfettered access to the property? I handed the keys to her spouse because he threatened my with breaking and entering.will the land registry need to reregister in ,my sole name? I have been left the property in his will ,having seen a copy.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just to confirm, you held the property as joint tenants with your father only?

Customer: replied 1 year ago.
that's right.
Expert:  Harris replied 1 year ago.

Thanks for confirming - if it is as joint tenants on the title then you would automatically acquire the whole property at the time of his death. If it is held as tenants in common then his share of the property will pass to you so long as this is provided for in his will.

Your daughter and her husband do not have the right to take over the property and they must follow the correct execution of his will.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 3 other Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 yearsAs a technical point if the property was held as Tenants in Common then the Executor (solely) DOES have the right of access especially if your father actually lived in the property

Customer: replied 1 year ago.
oh dear.I "assumed " wrongly that as I could have moved in with him during his life and there would have been little he could have done. I had equal rights.and I had ownership, albeit jointly,then, and this fell away on his death.Does the property have to be reregistered at the land registry?
Expert:  Clare replied 1 year ago.

You have the right to go into the property as you are a joint owner.

The Executor also has the right to do so

Customer: replied 1 year ago.
you have stated previously that the Executor ( solely ) DOES have the right of access.........I'm confused.(0817 e-mail)
Expert:  Clare replied 1 year ago.

I mean that your Daughter but NOT her husband has the right of access.

Customer: replied 1 year ago.
thank you so much. So we both (daughter and self) can go in . I thought it strange that as joint owner ( and now sole owner) I couldnt go in. Your advice is much appreciated.