How much power does an Executor have?

Totally_fedup

I am the Sole Executor of my mothers Will. There are six of us as Beneficiares. I have done Probate and kept everyone informed all along the way. There is a house to sell that is the major part of the assets to distribute between the six of us. This was put on the open market after all were contacted but none replied--even the sister that had indicated she wanted to buy but never put in an offer. when she did it was unannomously declined. then another good offer was made--it was put to the Beneficiaries who opted to go with the sister with a deadline. Conveyancing Solicitor employed and almost at point of contracts by deadline and she moved the goalposts and wants to change everything to an Assent. Legal advice taken by me and as it wouldn't cost us more agreed to go that way--now she wants all Beneficiaries to sign a Deed of Variation changing the Will to give to her and husband and making her liable to pay Beneficiaries their shares instead of the Executor--can she do this? Also she tells all the beneficiares that the Executor had no right to sell and has done everything wrong and I am just getting nowhere as the estate solicitor sends back the papers and it is costing the estate more and more in fees. There was no IHT and I am starting to think we will never get it settled. both myself as Executor and the estate solicitor think this is all tax dodging and don't want any part of it.This is a bit of a ramble but am at wits end dealing with her lies and coniving. What should I do--just and what is my position as Executor?

dzug1

Depends on the exact terms of the will, but the executor doesn't necessarily actually have to communicate with the beneficiaries at all until it comes to paying out. Yes it can be helpful to do so but it's not mandatory.

The conveyancing solicitor shold be told she is working for you, not the beneficiaries.

Biggles

You should ignore her and her agenda and get the best deal you can for all beneficiaries. It's what your job is.

Totally_fedup

No problem with my conveyancing solicitor except he is now having to work with a Wills and Probate solicitor because of the continual changes this house buying Beneficiary is trying to make. It appears that she is one 6th short of the money needed, after telling us all she had sold her house for this new purchase, so thinks she can get us to sign this Deed of Variation now so that she can make a private arrangement with another Beneficiary to have her share knocking the Executor out of the equation as the Executor wouldn't then be able to pay the 6 shares leaving her that amount short. In short four Beneficiares don't trust her and want it over and done with but trust the Executor. Thank you for the replies. As stated am new to posting so if in wrong place or replying in the wrong way then I'm sorry.

alanq

As I understand it (only from what I have heard on consumer advice programmes) a Deed Of Variation requires the consent of ALL the beneficiaries of a will.

troubleinparadise

It also strikes me that the legal bills to the various solicitors must now be mounting up in order to meet the demands of the one beneficiary who certainly seems determined to push proceedings all to their own benefit!

And yes, it did strike me that simply she doesn't have the full asking price, and is looking to reduce the amount of cash paid by her via an alternative arrangement. Not sure how that pans out at the sharp end with regard to Stamp Duty/Capital Gains etc?

As Executor, you are in the position of responsibility here - sadly an onerous task when it comes to conflict where there didn't need to be any. Don't envy you! And don't let her bully you by questioning your abilities - it would seem she is the one who doesn't understand about the duties of an Executor, and how they are to execute the distribution of a Will.

Savvy_Sue

alanq wrote: »

As I understand it (only from what I have heard on consumer advice programmes) a Deed Of Variation requires the consent of ALL the beneficiaries of a will.

Apparently (and from a much earlier post on this board, I think) it has to be signed by all the beneficiaries affected by it.

NAR

Totally_fedup wrote: »

I am the Sole Executor of my mothers Will. This was put on the open market after all were contacted but none replied--even the sister that had indicated she wanted to buy but never put in an offer. when she did it was unannomously declined. then another good offer was made--it was put to the Beneficiaries who opted to go with the sister with a deadline.

The mistake you made was contacting the other beneficiaries about both offers. Your job as executor was to obtain best price for the house and if the sister was not the best price, then too bad for her.

bryanb

It seems to me that you may be failing in your duty to get the best price if you go with the (lower) offer from her. Perhaps leaving yourself open to a complaint from other beneficiaries.

Totally_fedup

No hers is the higher offer that was why we/I went for it and not the lower cash offer but she is trying to use every trick in the book to avoid all taxable responsibilities on her side, which isn't my problem but is causing a lot of problems my end with wasted time and money for the estate such as it is.
Everyone's comments are helping though. Thank you.

NAR

Refuse DOV. Tell her to proceed with purchase or it will stay on the market. Don't get drawn into her money saving issues - they are not your problem as executor.