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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11564
Experience:  30 years as a practising solicitor.
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My late father has left all the interest in his home to his

Resolved Question:

My late father has left all the interest in his home to his friend / carer / tenant of over 20 years. Almost without question, he made this decision under duress. However, i have little interest in contesting the will and instigating a long unpleasant legal battle. What i am concerned about is the amount of my personal belongings that are in the attic and garage. What is my legal position regarding these? Probate will likely be settled in the next 4 weeks so i intend to remove all my things prior to that. The inheritee is no doubt the legal tenant, but he has changed the locks to the house. Do i have a right to enter the house until probate is settled or can he restrict access?
Submitted: 1 month ago.
Category: Law
Expert:  JGM replied 1 month ago.

Is the beneficiary also the executor? The executor is the person in control of the estate and the house. No one is entitled to enter the house without the permission of the executor. At the same time there should be no good reason why you can’t get access to uplift your possessions. If there is a difficulty then there are certain remedies you can follow in the court for delivery of your belongings. However common sense would suggest that if the person has been left the house they would want your belongings cleared out. The answer is, however, that in the first instance you need the executors permission to enter the house. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 month ago.
Thanks, that's helpful. The beneficiary is not an executor, but the executors are putting the ball in his court to police access to the property. Guess i'll just have to play nice until i have my things and am free of all ties to him and the property.