Probate Related Question.

[notnutnut]

Good morning all, it's been a while since I was here last. I am the nominated executor of my mothers' will and the sole beneficiary. I haven't made the probate application as yet but will very shortly. I've lived here almost all my life since my parents bought to property. Am I legally entitled to prevent entry of my siblings onto the premises from now until probate is granted and title is transfered to myself please.

[barry1010]

You are the executor and responsible for protecting the estate and assets until probate.  

You have the right to change the locks if you believe you need to in order to carry out your role as executor.

Easy for me to say but I guess you are expecting trouble from the family. Not so easy to deal with on a personal level.

I suggest you make copies of the Will and keep them handy to show whoever might need to see it if you are expecting trouble.

[Peter Pedant]

yes it is = last heard of after a disastrous cour t  case

and so....

sorry to hear of your mother's death

so long as the will names you as executor, yes you are. You are your mothers rep on earth  and can do anything she  cd do - except vary the will.... and they have no  expectations.

why do they want access? - if it is to pick up their childhood soft toys then I  wd let them in....

NBarmaid is the probate expert and may give er the real  position

 

[Peter Pedant]

This is a very  difficult time for you and the rest of the  family and I hope you negotiate / navigate a safe and satisfactory path thro it

[Barmaid]

An executor's authority comes from the Will and is  confirmed by probate. The executor must act in the interests of the estate. From what you have said, your siblings have no right of entry.

However, we do not have all the facts and documents. I think you need proper legal advice ASAP.

[notnutnut]

Hi PP, I'm not sure I'm answering this the correct way btw. Thanks for the condolences,, it certainly was a disasterous court case, by my siblings and dropped on my poor Ma when she was 83 because they needed a 15 foot strip of her land for access and this is part of the reason they are no longer beneficiaries so It worked out to be an expensive strip of for them, this is an old nursery with a house on and access through a farm at the top. Of late two of them have driven in at night turned around and left leaving the gate open. Some days ago one walks up, comes in, looks under my excavator and starts to walk back out but can't resist stealing something small from ouside the shed before moving on, stealing two milk crates from where I grow my runner beans (What The Funicular) and then goes , leaving my gate open of course. Trying to antagonise me in the previous civil cases, was thinking of asking an injunction 'cause they have no reason at all to come on this property apart from to cause trouble. If you want the war and peace length explanation just ask. I have talked to Barmaid before but on the legal aspect of the civil cases. Someone once said on here that the tale I told was either the script for a new Jon Grisham novel or a major conspiracy, thank you PP and also to barry1010. There was another post on here but it was removed ? I got a screenshot though. Any more input please let me know.

[Barmaid]

Seek legal advice ASAP.

[Barmaid]

Notnutnut, this forum is not appropriate for you to get the sort of legal advice you need.  You MUST seek legal advice from a solicitor or a direct access barrister as a matter of urgency.   Posting on a forum will never give you the level of advice you need - it will be necessary for anyone advising you to see all the papers and consider the history.  

[notnutnut]

Cheers Barmaid, I totally understand what you're saying thank you and there are two or three reasons why I haven't rushed into that, one of which maybe best explained in a place other the public access platfom, I'm happy to share, you did once send me a 'throw away' e/m address, would that still be be valid ?

[Barmaid]

Notnutnut - I no longer have any throw away addresses and cannot add to my last answer on this thread.  

[notnutnut]

Barmaid, thank you for your advice so far, i will try and act on the parts that I can atm.

[Peter Pedant]

do as the lady says

first cheap option - write to them in normal language asking them not to visit