Can the named executors of a will remove property from the house if probate has yet to be granted.

[Haggertyjane]

We are in this situation where a recently deceased relative is having jewellery removed from the persons house because the inheritance should go to them under the terms of the will. However the relatives partner still lives there and some property (not house) may be jointly owned.

Probate hasn't been applied for or granted as yet.

In broad terms, yes they can. If the Will is valid and the executors are properly appointed, then title to the deceased's personal property passes to the executors on the death. The executors hold it subject to the trusts of the Will. Even if a specific gift of the items have been made to the executors personally, they will have to be accounted for in the estate, and could conceivably have to be returned and sold were the estate to be insolvent.

It may be appropriate to remove items of value for safe keeping. When my (widowed) DM died we went through the house removing things of value pretty quickly in case the local burglars caught on to the fact that the house was now unoccupied.

If property is jointly owned it may have passed to the partner by survivorship, which would take priority over a purported gift by Will.

Thank you I think that answers the question

Say a widowed partner (wife) who is not the main beneficiary in her late husbands will. Can the executors, (step children) remove property from the house not specifically named in the will and which may have been jointly bought property

Probate not granted and a caveat lodged at probate as the will is going to be contested.

Sorry for the drip, don't want too much identified

I’ve seen it done with jewelry, antiques, paintings for estate valuation purposes too. Because inheritance tax is based on value of the estate which includes personal posssessions, not just cash in the bank or value of houses.

@Haggertyjane

Say a widowed partner (wife) who is not the main beneficiary in her late husbands will. Can the executors, (step children) remove property from the house not specifically named in the will and which may have been jointly bought property

They certainly should not be taking any property which is not part of the estate. Jointly owned property belongs to the widow, not the estate.

Thanks everyone.