Breaking into deceased mothers house
Discussion
A good friend (absolutely not me!) is having problems with his two sisters. Their mother died several months ago, so now her bungalow, which is worth about £450K has to be sold and split equally between the siblings.
Being the oldest, he is down as the executor of her will.
The problem is, he and his sisters hate each other. Although my friend wants to get things sorted, they have changed the locks on the mother’s bungalow and are refusing to grant him access.
He wants to break back in and change the locks again. Is this possible?
I have explained that the only winners in this situation will be the solicitors and if they do not come to some agreement, there won’t be any money left to split between them!
Being the oldest, he is down as the executor of her will.
The problem is, he and his sisters hate each other. Although my friend wants to get things sorted, they have changed the locks on the mother’s bungalow and are refusing to grant him access.
He wants to break back in and change the locks again. Is this possible?
I have explained that the only winners in this situation will be the solicitors and if they do not come to some agreement, there won’t be any money left to split between them!
JulianHJ said:
IANAL, but if he's the executor, then doesn't he have control of the estate? Therefore he could gain entry and re-secure the bungalow without legal repercussion? Has one of the sisters (or anyone else) subsequently moved in, or is it empty?
And you could say "locks stopped working fix it please"?JulianHJ said:
IANAL, but if he's the executor, then doesn't he have control of the estate? Therefore he could gain entry and re-secure the bungalow without legal repercussion? Has one of the sisters (or anyone else) subsequently moved in, or is it empty?
Thanks All,Yes, that is how we see it. It’s empty, so he will get a locksmith out to change the locks. It’s convincing the locksmith that could be the problem. I have suggested he takes all the relevant paperwork with him and also has a word with the neighbours, just in case.
Thanks again
Grandad Gaz said:
A good friend (absolutely not me!) is having problems with his two sisters. Their mother died several months ago, so now her bungalow, which is worth about £450K has to be sold and split equally between the siblings.
Being the oldest, he is down as the executor of her will.
The problem is, he and his sisters hate each other. Although my friend wants to get things sorted, they have changed the locks on the mother’s bungalow and are refusing to grant him access.
He wants to break back in and change the locks again. Is this possible?
I have explained that the only winners in this situation will be the solicitors and if they do not come to some agreement, there won’t be any money left to split between them!
We’ve recently had a similar(ish) situation with the passing of my Father.Being the oldest, he is down as the executor of her will.
The problem is, he and his sisters hate each other. Although my friend wants to get things sorted, they have changed the locks on the mother’s bungalow and are refusing to grant him access.
He wants to break back in and change the locks again. Is this possible?
I have explained that the only winners in this situation will be the solicitors and if they do not come to some agreement, there won’t be any money left to split between them!
I’d suggest your friend double checks what I’m saying with some legal advice, but the Executor has the legal responsibility to secure the Estate, all of its possessions, and then administer the Estate in accordance with the law and to achieve the best outcome for all beneficiaries.
I’d be very concerned if locks had been changed preventing the Executor from gaining access and suspicious as to the motives why this has happened? (I’d suspect that things will have been going missing from the late-Mothers home?).
As far as I am aware, the Executor would be well within his rights to gain entry and then re-secure the property.
I’m fact I’d go so far to say that I’d be 99% certain there wouldn’t be any laws broken by the Executor if what you are saying is accurate.
I'm helping a friend who is a court appointed guardian with a similar case at the moment. I installed an IPcam at their request and apart from capturing mice scampering around caught relatives removing stuff for "safe keeping ", until they turned off the camera. It will be switched on again this week.
I was also asked to move a car to another location to stop the stepson having it away. Relatives!
I was also asked to move a car to another location to stop the stepson having it away. Relatives!
caziques said:
I would suggest getting a locksmith out so damage would be minimal. Change the locks, and trespass the others.
A security camera may be useful - so if anyone does trespass it would be a criminal matter.
Trespass would include walking round the back of the house.
Sorry to be pedantic but Tresspass is not a criminal matter in England and Wales. A security camera may be useful - so if anyone does trespass it would be a criminal matter.
Trespass would include walking round the back of the house.
Getting the Police involved on this basis would not be beneficial and would likely aggravate the situation further
Can I suggest you enquire with a local solicitor the cost for them to administer the estate.
My sisters are a pair of
s, didn’t even tell me my mum was dying and when she did they got the care home to call to tell me.
A solicitor was appointed to deal with the financial split (as per the will), I was able to ask them to get me photos from mums collection of photos of grandparents and other family members and also some jewellery they thought they could keep for themselves . Not having to speak to them directly was wonderful. When the solicitor is working for you all they seem to have authority to sort things out. Split 3 ways the costs were surprisingly modest.
If anyone has taken items they’re not entitled to just tell the solicitor and they’ll sort it out.
I can wholeheartedly recommend this course of action. You’ll never have to deal with them again.
My sisters are a pair of
s, didn’t even tell me my mum was dying and when she did they got the care home to call to tell me.A solicitor was appointed to deal with the financial split (as per the will), I was able to ask them to get me photos from mums collection of photos of grandparents and other family members and also some jewellery they thought they could keep for themselves . Not having to speak to them directly was wonderful. When the solicitor is working for you all they seem to have authority to sort things out. Split 3 ways the costs were surprisingly modest.
If anyone has taken items they’re not entitled to just tell the solicitor and they’ll sort it out.
I can wholeheartedly recommend this course of action. You’ll never have to deal with them again.
Chances are the sisters will say they've locked up the place to prevent the executor brother just helping himself to whatever he likes.
Similarly, if he changes the locks then the sisters can just change them again.
What's need here is a "solicitor's letter" to the sisters explaining the facts of life.
Frankly, if there's a family squabble going on it would be best to have a solicitor doing the probate. This shouldn't cost a great deal so long as you do all the leg-work yourself i.e. contacting banks, utilities, council tax etc. It's not worth paying a solicitor to do do simple stuff you can do yourself.
Similarly, if he changes the locks then the sisters can just change them again.
What's need here is a "solicitor's letter" to the sisters explaining the facts of life.
Frankly, if there's a family squabble going on it would be best to have a solicitor doing the probate. This shouldn't cost a great deal so long as you do all the leg-work yourself i.e. contacting banks, utilities, council tax etc. It's not worth paying a solicitor to do do simple stuff you can do yourself.
I'd be inclined to re-secure, and add security alarm and cameras personally. Can all be done wirelessly eg ring-cameras which aren't the best but can be installed quickly and easily. 4G hotspot and you're covered.
It's sad but as I found for myself people do things you would never expect of them in these circumstances.
It's sad but as I found for myself people do things you would never expect of them in these circumstances.
caziques said:
if anyone does trespass it would be a criminal matter.
Trespass would include walking round the back of the house.
In England, there are only limited places where it is illegal (think Gov and Military establishments). Scotland is a different matter, Wales and Ni, I haven't a clue. In England, trespass is a civil matter IIRC. Oh, IANAL and I might have it completely wrong as well!! Trespass would include walking round the back of the house.
https://www.legislation.gov.uk/ukpga/1994/33/part/...
I had a similar issue with my ex-wife who attempted arson on the former family home, Police told her she was very naughty and she shouldn't do it again. I was also told that I couldn't change the locks because she owned half the house.
So I just changed the locks myself and heard nothing more about it. If there had been an issue I'd have just said I lost my key and had to change the lock and would send her a new key as soon as I could, then I'd have changed the locks again.
So I just changed the locks myself and heard nothing more about it. If there had been an issue I'd have just said I lost my key and had to change the lock and would send her a new key as soon as I could, then I'd have changed the locks again.
Jamescrs said:
caziques said:
I would suggest getting a locksmith out so damage would be minimal. Change the locks, and trespass the others.
A security camera may be useful - so if anyone does trespass it would be a criminal matter.
Trespass would include walking round the back of the house.
Sorry to be pedantic but Tresspass is not a criminal matter in England and Wales. A security camera may be useful - so if anyone does trespass it would be a criminal matter.
Trespass would include walking round the back of the house.
Getting the Police involved on this basis would not be beneficial and would likely aggravate the situation further
caziques said:
A lawful occupier (such as the OP) can trespass anyone they want, with or without reason, preferably in writing. That person then commits criminal trespass if they step foot on the property within two years. 500 pound fine and/or 6 months inside.
Utter garbage, at least so far as UK is concerned.I have sympathy with your friend. My wife and I were executors of my parents estate as they did not trust my sister and my brother lived in France.
He was fine with the arrangements. My mum died when I was in Cuba, my sister sent a text message to me after she had put on Facebook trying to play the devoted daughter, with the usual "stay strong bks" you get on there.
She managed to call me when she went to the house to "recover mums Jewellery" and she could not find the safe key. It along with the items were already in my home. Queue tantrum etc.
There was nothing of real value left yet she went through everything before I arrived back.
My advice to your friend is if it is so bad, get a solicitors letter sent, but certainly keep all correspondence professional and legal, refrain from saying what he thinks but make sure he keeps it all. Don't be surprised if they try legal avenues as well saying that he pressurised them into making him the executor. My Mum and Dad were pretty sharp and got Dr's to confirm they were sound in mind, if not body and solicitor did as well, just in case.
Once she could see there was no point in arguing and would likely cost her to try anything, she stopped and it became easier. sadly relationship between her and the rest of the family broke down but she got exactly what my parents wanted her to get.
He was fine with the arrangements. My mum died when I was in Cuba, my sister sent a text message to me after she had put on Facebook trying to play the devoted daughter, with the usual "stay strong b
ks" you get on there.She managed to call me when she went to the house to "recover mums Jewellery" and she could not find the safe key. It along with the items were already in my home. Queue tantrum etc.
There was nothing of real value left yet she went through everything before I arrived back.
My advice to your friend is if it is so bad, get a solicitors letter sent, but certainly keep all correspondence professional and legal, refrain from saying what he thinks but make sure he keeps it all. Don't be surprised if they try legal avenues as well saying that he pressurised them into making him the executor. My Mum and Dad were pretty sharp and got Dr's to confirm they were sound in mind, if not body and solicitor did as well, just in case.
Once she could see there was no point in arguing and would likely cost her to try anything, she stopped and it became easier. sadly relationship between her and the rest of the family broke down but she got exactly what my parents wanted her to get.
Panamax said:
caziques said:
A lawful occupier (such as the OP) can trespass anyone they want, with or without reason, preferably in writing. That person then commits criminal trespass if they step foot on the property within two years. 500 pound fine and/or 6 months inside.
Utter garbage, at least so far as UK is concerned.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff