Providing the answers to your legal questions
My father has recently passed away and I have just been made aware that I am an executor of his Will. I am not sure what this role entails. What do I have to do?
An executor is a person named in a Will who has been chosen to manage a person’s estate after they pass away. The term “estate” refers to all the property the deceased leaves behind, which can include property, bank accounts and personal chattels.
As an executor of your late father’s estate you will be responsible for establishing the value of his assets (which can be done by writing to the various institutions), completing the necessary paperwork to submit to the Probate Registry and Inland Revenue, paying any inheritance tax if necessary, collecting in the assets, settling any outstanding liabilities and distributing the estate in accordance with the terms of your late father’s Will.
My partner has moved out of the family home. Can I change the locks to stop them coming back in whenever they want?
This is one of the most common questions we are asked when dealing with separation and divorce.
The simple answer is no. If the property is jointly owned, then you cannot legally change the locks without the other owner’s consent. This is because they have a right to enter and/or occupy the property if they wish.
If your partner is coming back to the property and not respecting your privacy, this is inappropriate. A letter from a lawyer warning them of this is usually enough to stop them.
As a named executor it is essential to get everything right when dealing with the administration as you are the person responsible for administering the estate in accordance with the law and the terms of the Will. This responsibility lasts for the duration of the administration and if you breach your duty, even in good faith then you can be held personally liable for this.
Acting as an executor can at times become very complicated and time consuming. This can make the role especially difficult if you are dealing with the loss of a family member. If you find yourself in this situation do not panic as our specialist Wills and Probate team can guide you through the process. Please contact us for further advice.
Gaynor Cooke
However if there is any domestic violence or threatening or intimidating behaviour towards you by your partner then you can apply to the court for an injunction known as an Occupation Order so that your partner can be prevented from coming into the property
To successfully obtain an Occupation Order you will need to show to the court that it is appropriate for your partner to be excluded. For example, you may need to show that there is a risk of harm to yourself or your children.
For further information please contact our Family Law team.
Cath Porter
enquiries@hgwalker.co.uk | 01202 881454 or 01202 203200 |
www.hgwalker.co.uk Law Spot is brought to you by Harold G Walker Your Friend-in-Law.
There is no guarantee that your question will be used and you will not get a personal response. The answers in this feature are for guidance purposes only and do not constitute legal advice.
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