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Original poster

House left in Estate but many people have keys

15 replies

GreySheep · 28/11/2019 20:53

Hi, I’m looking for some advice but we are very early on in the process.

Basically a house has been left in a will between me and my sibling. We have agreed we will sell the house and split the money so that’s straightforward.

I am executor. The deceased only passed away recently and due to inquest etc we do not yet have death certificate and therefore probate hasn’t even been started yet. Hence it’s all very early days.

Before the deceased passed away, several people had keys to the house.

One is a friend who has been going in daily to open curtains and put lights on etc - to prevent crime. Very nice and helpful.

The other is my sibling who seems to be spending time there with friends. They never lived in the house so it’s never been their home. But obviously has sad memories now.

My question is: As executor, do I need to request the keys from these people? I have a duty to protect the estate from what I’ve read and I’m not sure if I’m breaking the rules by continuing to allow them access?

If I’m not breaking the rules and they are fine to keep the keys, will I then have to get the keys off them when the house is eventually put up for sale with an estate agent?

I don’t want to upset anyone by asking for keys back if I don’t have to, but I’m aware I have a serious duty as executor and I want to do whatever I’m supposed to do correctly.

OP posts:
19lottie82 · 28/11/2019 21:08

Why not just change the locks?

chipsandpeas · 28/11/2019 21:12

change the locks then you wouldnt get any resistance about returning keys

BellyButton85 · 28/11/2019 21:23

HmmConfused just change the locks

TheSandman · 28/11/2019 21:24

...erm... change the locks?

Drum2018 · 28/11/2019 21:31

Change the locks. Dh did this when his parent was in hospital before they died. The only person you need to tell is the person checking in to open curtains etc. Put a couple of lights on a timer and check in on it yourself as often as you can.

AlexaAmbidextra · 28/11/2019 21:53

Change the locks and blame it on the insurance company. Insurance for empty houses is quite stringent so you may find they insist on having the heating system drained to prevent leaks and for someone to check the house on a weekly basis anyway.

BumbleBeee69 · 28/11/2019 22:03

Change the locks.. user Timers for the lamps etc...

Original poster
GreySheep · 28/11/2019 22:35

Thank you. However changing the locks in that way would cause pain and a rift where I’d like to avoid it.

I’m not worried about people having keys at this point. I just want to know what the law states I should do? Am I ok to leave them with access or am I breaking the law by doing so?

OP posts:
katielilly · 28/11/2019 22:39

Are you worried about them taking items from the house?

Apolloanddaphne · 28/11/2019 22:43

I don't think there are any laws that can be broken in relation to this. If the people with keys are not causing any issues then leave them to it until you are ready to sell. The house next to me was empty for years as the probate was very complicated. Many people came and went to the house to maintain it. There was never any issue as far as I can tell.

Wheresthebiffer2 · 28/11/2019 22:49

As executor, you are now responsible for the estate - so it would definitely be advisable to protect it - by securing the house. (getting keys back, or changing locks). Sadly, things often go missing from houses in this sort of situation.
And yes, check the insurers know it is now unoccupied, so it is still covered.

Campervan69 · 28/11/2019 22:50

If it's just relatives using the house and you don't think they're going to damage anything or steal anything then what is the issue?

TheSandman · 28/11/2019 22:55

Tell the people you don't want to upset that you have to change the locks because of ALL THE OTHER keys that are out there and those you may not know about. Not theirs specifically. Play up the the insurance situation. After that you can decide who gets to borrow the only set of keys.

Original poster
GreySheep · 28/11/2019 23:00

Yes it’s just one sibling and one life long friend accessing the house. I don’t think they’ll damage it or take anything. Plus the house really doesn’t have any valuables in it anyway.

I was just worried that I was breaking a law by allowing access.

As soon as we get the death certificate I’ll speak to the insurers and may then use that as an excuse to request keys. Just so it’s all by the book. But good to know I’m not doing anything wrong by allowing access to continue for now.

OP posts:
Jon6b · 28/11/2019 23:23

You are derelict in your duty. As executor you have a duty to secure the house. If you have knowledge the house is being used and therefore is insecure you must have the locks changed, failing to secure the house is a breach of your duty and if there is any loss to the estate you could be personally liable.

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