The testator made a Will when she was married. Before her death the testator and her husband separated and he moved out of the family home. Divorce proceedings were commenced and the decree nisi was issued but not the decree absolute. The Will includes a right for the not quite ex-husband to occupy the family home until his death or re-marriage. The executors who are the testator’s children from another marriage would like some time to clear the house of their mother’s belongings and would prefer not to allow their step-father in to the house until Probate has been granted, he insists he was entitled to take up occupation from the date of the testator’s death. Any thoughts?
A beneficiary under a will prior to assent merely possesses a chose in action and thus in the absence of permission of the executors I would have thought that nearly ex-husband has no right of occupation [AEA 1925 s.43].
Until the estate is administered and all liabilities settled, a beneficiary including a life tenant has no right to possess the estate assets. However, If the executors delay in administering the estate step-father can bring them to court to force completion of same.