Beneficiary Representative

Mojisola

briskly wrote: »

There is a substantial amount of money left which they refuse to sign off, saying that they need cover to cover any costs with regard to the house in case she dies.

Take the house out of the equation and this argument doesn't stand.

Also, point out to them that the quicker they get everything settled, the less likely your wife is to die before the estate is wound up!

briskly_2

The will said that she inherited everthing - apart from a small financial gift to a cousin, which has now been paid. The more the kind people here say, the more I'm seeing that the house transfer in her name could be the way forward - so long as the other executors can't block it.

getmore4less

I am not sure if the transfer can be done without them all signing it might be that the grant and the will is enough. ( most forms seem to need all sigs but I have not done a house transfer)

The key here might be that the benificial interest in the house happened at the time of the death and the executors are onlyy acting as intermediate trustees.

The current situation is they are in a position to cause trouble so progressing with this buyer is an unknown.

Get the transfer done and then you eliminate one big issue even if it does delay and needs another buyer, it may be the buyer would be happy to only have to deal with one person rather than 3.

Has a solicitor been apointed for the sale?

briskly_2

Thanks. Yes a solicitor has been appointed for the sale.

pauletruth

why are they concerned if your wife dies. their duty is to settle her dads estate. even if she was to their duty does not change. it just means her will/next of kin get the proceeds.

Land_Registry

madbadrob wrote: »

You dont need all three executors to transfer the house. A copy of the will, the probate letters should be enough to do this with the land registry. There is a rep of theirs on these boards who may be able to offer more advice there.

If the property is in England & Wales and it is registered then the Executors can Assent (form AS1) the title (property) to the named beneficiary.

If all three are the Executors named in the Probate and there is no reservation of their powers and they have not renounced their authority then the AS1 would need to be executed by them all.

As the property is being sold the same would apply to the actual Transfer i.e. the Executors transfer to the new owners.

Our online guidance explains what can be done with regards the property when the owner dies but in your circumstanecs as the property is to be sold it may merely be of interest value.

madbadrob

Land_Registry_representative wrote: »

If the property is in England & Wales and it is registered then the Executors can Assent (form AS1) the title (property) to the named beneficiary.

If all three are the Executors named in the Probate and there is no reservation of their powers and they have not renounced their authority then the AS1 would need to be executed by them all.

As the property is being sold the same would apply to the actual Transfer i.e. the Executors transfer to the new owners.

Our online guidance explains what can be done with regards the property when the owner dies but in your circumstanecs as the property is to be sold it may merely be of interest value.

In this case since the OP has answered my question doesn't count and I apologise for the wrong information. However that said I was under the belief that where a will specifically states that each executor can work solely or severally that this would mean that one executor could carry out the terms of the will without the requirement for the others to agree. It would seem I have mis interpreted this part of probate law

Rob

Land_Registry

madbadrob wrote: »

In this case since the OP has answered my question doesn't count and I apologise for the wrong information. However that said I was under the belief that where a will specifically states that each executor can work solely or severally that this would mean that one executor could carry out the terms of the will without the requirement for the others to agree. It would seem I have mis interpreted this part of probate law

Rob

You may not be wrong here madbadrob as Probate law is not a Land Registry expertise.
Whilst the contents of the will are always important from a purely land registration perspective it is the Probate which provides the Executor(s) with the power to deal with the legal title to the property.

If the Probate refers to 3 Executors then the Transfer/Assent would have to be by the 3 Executors unless they have renounced or their authority has been reserved.

Land Registry do not require sight of the Will as it is the Probate which carries the legal weight when dealing with the property here. IF there is a dispute over the Probate or the Executors not dealing with the estate in accordance with the Will etc then these would be matters for the court and not Land Registry to deal with.

Fire_Fox

Just don't attend the meetings!