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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 94
Experience:  Consultant Solicitor at Setfords
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10/06/2018 12:12 Clare Further to my question of a few weeks

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10/06/2018 12:12Hi Clare
Further to my question of a few weeks ago, unfortunately I admitted a pertinent piece of information. My friend and her sister are joint executors of her late mothers estate. My friend changed the front door lock about 3 weeks ago for reasons outlined in my last correspondence with you. She has been allowing her sister access to the property and she has visited on several occasions to sort through possessions and she will have continued access as long as my friend is present. The sister is now threatening legal action to be allowed a key and stating that this action will be paid for from the estate. Since my friend has been bequeathed the majority of the mothers estate she will, in effect, be paying almost entirely for legal action against herself. My friend has requested that the sister forward evidence of her legal position but to date has only received the threat of legal action. My friend has informed her sister that she is shortly to leave for holiday and that seems to have triggered a sudden focus on and demand for a key, enabling her to enter the property during her absence. We are very suspicious of her motives for wanting the key. As a result, my friend is reluctant to give her the key and is also concerned about open-ended costs to the estate of legal action and how it may affect her as joint executor. It is understandable that preventing access and thereby hindering her sisters ability to jointly execute the estate would be illegal but she has enjoyed access and will have continuing access whilst my friend is present. In these circumstances would legal action be deemed spurious or is my friend potentially at risk, meaning that she should surrender a copy of the key? The situation is becoming more adversarial and it is affecting my friends health so I would really appreciate it if you could respond as a matter of urgency, so she has some clarity of her position prior to her departure on holiday in the next few days. Kind regards.
P.S. My friend has had an email from the probate solicitor confirming that the sister must be given access to the property and that having changed the locks my friend should give her sister a key. We strongly feel that her sister is saying to the Probate Solicitor that she is not being given access. Subsequently my friend advised the solicitor that she was and is being given access but the solicitor says she should be given a key. We do not think that the family solicitor appreciates the fact that it is my friends "her domicile" and is probably suggesting surrendering the key to try to keep the peace rather than from an objective legal stand point. Whilst this may be good advice we would like to know where my friend stands legally.
Hello,
I am very sorry for the delay in response.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
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Nicola
Customer: replied 13 days ago.
Please continue. Matter is urgent
Thank you
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 11 days ago.
I need a reply urgently please. I've been waiting 3 days now so would appreciate an answer asap.
Thank you
Customer: replied 11 days ago.
Any chance of a response please. I've been waiting since Sunday and if you can't help me then please tell me. This matter is now very urgent. What happened to next day answer. I need a response now!
Customer: replied 11 days ago.
Where is my reply??? Im really getting so frustrated!!!!!
Customer: replied 11 days ago.
When I've paid You!!!!
Hello,
I understand your frustration. I have reached out to the previous Expert, but I have not received a reply. I have also sent this question to other family law Experts.
We will continue to look for a Professional to assist.
Thank you for your patience,
Nicola

Hello,

In Clare's absence I have been asked to consider your question.

Strictly speaking your friends sister would be entitled to a key.

If I have understood correctly they are both executors and beneficiaries - although you friend has a greater % interest - so they have the status.

The above being the case unless there is anything else then I would say the sister is entitled to a key if she has a financial interest in the property by virtue of her entitlement under her mothers Will.

That said, it would be most unlikely any proceedings would be brought against the estate upon such a limited issue.

Any clarification please ask.

Marcus

Customer: replied 10 days ago.
The problem is the sister cannot be trusted to go into the house when my friend is not there. The sister has been given access as long as my friend is there. The sister let's herself into the without waiting to be invited in. This has been my friend's home for the past 10 years and she has been the primary carer of her late mother. My friend pays the utility bills as they are in her name and the upkeep of the property. My friend doesn't have a key to her sister's home. The sister has done very little with clearing of the property or help my friend so the majority of dealing with the estate has been left to my friend and close friends to help. My friend is fearful of going away on holiday tomorrow for 10 days and letting the sister have a key. My friend has had a very traumatic time with the sister and her family with it affecting her health and wellbeing so needs this holiday without any worries.

Hello,

I do fully understand your friends position. I for one would feel the same.

Although the answer was that she is entitled to a key - strictly speaking - I am not saying she should be given a key.

The reality is that the sister is unlikely to take any formal action. It would not be cost effective for her to commence any procedings. Although costs can be taken from the estate she would have to somehow funds the initial steps. No Solicitor would take on litigation on the basis that maybe they will get paid in the future.

Thank you

Marcus

MARCUS Malin,
Category: Family Law
Satisfied Customers: 94
Experience: Consultant Solicitor at Setfords
MARCUS Malin and other Family Law Specialists are ready to help you
Customer: replied 10 days ago.
Marcus you are a star. Thank you so much for your help. Can now go on holiday with peace of mind and freedom to relax from a very difficult and nasty situation
Maggie
Customer: replied 9 days ago.
Just a thought Marcus. What happens if the sister breaks in or changed locks back. I can't tell you how sick I am of this awful woman. Thank you
Customer: replied 9 days ago.
Just a thought Marcus. What happens if the sister breaks in or changed locks back. I can't tell you how sick I am of this awful woman. Thank you
Maggie

Hello Maggie,

I would suggest where possible maybe put a dead bolt on the inside of save for the one door to leave from.

A locksmith would not help as you have to proof you live there.

Technically she would be committing a criminal offence.

The sister may have a 'beneficial' interest but not a 'legal' interest.

A beneficial interest would not in the face of it give you the right to gain entry.

Hope this helps.

Customer: replied 9 days ago.
Thanks again Marcus you've been amazing. Will definitely use you again. Holiday here we come Maggie

Have a fab holiday.....