Query about executor of late fathers will & probate?

lincroft1710

Solicitor's costs for selling house aren't usually "extortionate". Not cheap, agreed.

From your original post I got the (mistaken) impression that executor was unpaid clueless/uncommitted family friend. But it seems he has taken a fee yet did not correctly perform his duties. Another reason to see a solicitor.

Jammer67

Thanks so much for all your replies. I don't have a probate certificate, didn't know I was supposed to have one. In fact I have nothing at all from the executor other than a single sheet of paper showing monies in and monies out and the final balance, thats it! Obviously this is not something that many of us go through often if at all so although I feel a bit naive, I've just no idea of how the process is supposed to go.

David, he hasn't chosen to sell it, its a few months since probate and I have updated the property and am now selling it myself and holding on for the best offer!

I'll call Land Registry tomorrow and see if they can help!

Cheers
J

Richard_Webster

Executor needs to complete a Land Registry AS1 to transfer the title to OP. This will need to be lodged at the Land Registry with an AP1 (application form), ID1 forms relating to executor's identity and OP's identity, and the appropriate fee. Registry will then update the electronic register and issue OP with updated copies of the registers with his name on.

The ID forms have either to be taken a local Land Registry by the person concerned with the ID documents or copies of the documents can be certified by a solicitor or licensed conveyancer.

If OP wants to do his own conveyancing on a sale the buyer's solicitors will probably insist that OP visits their office to carry out exchange and completion because they will need to check his ID. This isn't necessary where solicitors/licensed conveyancers are concerned because they can give and receive binding professional undertakings to deal with various matters, such as sending things int he post and confirming the ID of the seller.

If OP says he will not got to the buyer's solicitor's office then buyer's solicitor will be faced with charging his buyer client a lot more for dealing with this and buyer may want an appropriate reduction in the price of the property to compensate him.

So sorry, OP, you will probably need to use a solicitor to sell the house, unless you are very local to the buyer's solicitor.

Jammer67

Thanks Richard, I'll find out whether he has filled in any of those forms and what to do if he hasn't.

In regards to conveyancing, I have no plans to do that myself, I just plan to use a convetancing solicitor rather than a regular solicitor!

Cheers
J

Jammer67

Ok, I have now spoke to the Land Registry, very helpful lady who informs me she has received nothing at all in relation to this property and confirmed what Richard has just said in respect of these forms.

I'm so angry I could kill this guy but how can I actually force him to get this job finished when he insists he has done all he has to do, I really don't wish to get a solicitor involved on this!

Until he does this I guess I can't sell the house, I have a buyer!!!

clutton_2

jammer - i would edit your last post if i were you .... such a threat could be misconstrued.

re the incompetence - first thing - write recorded delivery and ask him for the probate certificate - this will at least tell you if he has done any of the work. You could also go to your local probate office, with a copy of your dads will and ask them.

step at a time

calm yourself, it will all come out in the wash soon enough

Jammer67

Panic over, after speaking to my estate agent and then a solicitor I don't actually have to have the deeds in my name in order to sell the house, I just need to have the grant of probate and then it will simply transfer from my father's name to the buyers name.

So I no longer want to kill the executor but perhaps a few flesh wounds if he doesn't hand over the probate certificate pronto!!

Its ok, I'm not a violent man, usually :~}

Richard_Webster

I don't actually have to have the deeds in my name in order to sell the house, I just need to have the grant of probate and then it will simply transfer from my father's name to the buyers name.

Almost right - but not quite!

If you were executor you could do that - as it is, your executor friend will have to sign the documents and will be entitled to receive the money which by law he must pass on to you. Given your worries so far, you needed to be happy that you trust him to do that. I didn't suggest he sold and passed the money to you earlier because I assumed you wouldn't be sure he would do that!