Occupancy Rights - hypotetical scenario

1049424

I am not seeking legal advice but rather am interested in responses to the following hypotetical scenario.

Widowed mother dies intestate, after being cared for by one of her four children in her own home for 5 yrs. Clearly, the four siblings inherit the family home as Tenants in Common in this scernario; however, can the carer change the locks on the front door once the mother has died on the basis of having lived there for 5 yrs (other siblings all have their own homes). Pre-arranged access for the others to retrieve belongings would certainly be granted but can the carer call the place "home" for a period of time after the mother's death without the other siblings just turning up unannounced when it suited them?

The issue, as I see it, is clearly not one of tenant/landlord rights but rather of occupancy and the right to privacy. I would be very grateful for feedback, thanks.

Jo King

Has the estate been admitted to probate? Until an administrator has been appointed, the President of the High Court is the legal owner of the house. None of the four technically have any rights over the property until there has been a distribution. The carer should be careful. Annoying the siblings may lead to expensive litigation.

1049424

No - the mother is still alive though old and frail and the carer wants to be prepared in advance. Bizarrely, the carer has already annoyed the sibs by not walking away from a parent with Dementia and thereby freaking the hell out of them that their inheritance might be lost (not that they would admit it, of course). Visits from the sibs to the family home are like dogs marking out their territory - though they sh1t on me rather than actually urinating in the space .....

As it happens, the carer would only intend staying on in the house for a relatively short period after the mother's death and is, in fact, in favour of it being sold asap; and, as has been mentioned, pre-arranged access to the house is not in question.

Some people work an 8 hour day with people with Dementia .... and then go home; carers live with Dementia and, in this particular case, being at "home" means being in a place where other people are antagonised by virtue of one being there. Dealing with distrust from sibs has been much worse than dealing with a parent with Dementia and the carer needs to know in advance if the locks can be changed so that he can do that thing that people do - though he hasnt done it himself for five years - that thing called .... relaxing !