beneficiary deception

T

Thirsty

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Not sure if this is in the right place, it was hard to decide, please can you move if necessary.

So I'm executor for an estate, doing probate personally and now just waiting on appointment. Property being maintained, insured etc.

I was asked by a beneficiary (let's call him Joe) if the property could be let out, and without going into personal reasons here, I declined.

Advised Joe that I expected to have Grant of Probate by the end of the year all going well.

In the last week, Joe has changed the locks on the property and taken deposit and rent from a tenant, who moved in.

I discovered this yesterday. Solicitor has been advised and report made to Gardai. Solicitor sending strongly worded letter to Joe.

I have changed the locks again, the 'tenant' has been advised of the fraud and given notice to leave.

My concern now is if this person does not leave the property on the date? Is there something I can be doing now to have ready against that possibility?
 
As executor, I would go the the High Court and get an injunction against Joe banning him from interfering with the property of the estate, talking the cost of such action from his share
 
Right now it's not Joe I'm concerned about.

My main worry at this time is the person currently occupying the property; there is a risk they won't leave on the date given and that being the case, what can I have prepared against that issue?
 
By any chance has Joe planted a friend or relation in the property? Also, I'm just wondering why he would be so desperate to have someone in the house, something just doesn't add up here.
 
I don't believe Joe has any connection with the person occupying the property.

I could speculate re Joe's motivation (and my general opinion of Joe at this time...) but that's really not the question right now.

Please can anyone advise what actions (if any) are open to me to prepare for the possibility that the occupant might not leave the property.
 
Is joe the only beneficiary?

Are you planning to sell the house and don't want a tenant in the house to complicate the sale?

What did the solicitor say, surely a beneficiary can't let a property that he does not have any interest in and the tenant is trespassing?

What do the other beneficiaries say?
 
What did the solicitor say, surely a beneficiary can't let a property that he does not have any interest in and the tenant is trespassing
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At this point (waiting on grant of probate) the beneficiary has no legal rights or responsibilities. They have as much right to attempt to let this property as I would have to let out my next door neighbours house.

The will is a private document until probate and beneficiaries do not even have the right to know they are mentioned in the will.

Are you planning to sell the house and don't want a tenant in the house to complicate the sale?
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there are good reasons for not letting the property; I don't want to go into too much detail, the will is a private document at this time.

Again the question is more related to what I can do, or should be doing now, to prepare for the possibility that the occupant may not leave?
 
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