Executor refusing reasonable offers

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
47 replies 6.7K views
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  • MojisolaMojisola Forumite
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    Worried840 wrote: »
    She made it clear from the beginning she did not want to sell the house so this may be a reason as to why she is reluctant.

    Unfortunately it has caused a lot of ill feeling with my siblings and getting together has proved to be virtually impossible.

    I would have rallied the other beneficiaries to take action as soon as she made comments like this. She was obviously not going to fulfil her duties as an executor.
  • valk_scotvalk_scot Forumite
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    Why does she not want to sell the house?
    Val.
  • She has never wanted to sell because she is emotionally attached to the house as my parents had the house 30 odd yrs. Her partner said no to buying it as an investment.

    I have tried to rally the others but 2 of my sisters will not go against her. Yrs ago she threatened me with legal action because I wanted to take a few items (bed linen, duvets, plates etc) for my first flat. I was also told the costs wld come out my share. I moved out the house so it cld be sold but nothing has ever hhappened.
  • edited 5 June 2013 at 3:25AM
    edsjadedsjad Forumite
    194 Posts
    edited 5 June 2013 at 3:25AM
    Worried840 wrote: »
    She has never wanted to sell because she is emotionally attached to the house as my parents had the house 30 odd yrs. Her partner said no to buying it as an investment.

    I have tried to rally the others but 2 of my sisters will not go against her. Yrs ago she threatened me with legal action because I wanted to take a few items (bed linen, duvets, plates etc) for my first flat. I was also told the costs wld come out my share. I moved out the house so it cld be sold but nothing has ever hhappened.

    Been reading your thread - it sounds like a nightmare!! Really sympathise. I'm going through selling house with one exec being my sister and me not - we are joint beneficiaries. It doesn't make it easy when siblings are split in this way. But I've got it easy compared to you - I'm wanting to move things along in selling the house after five months. Are all four of you siblings? Although the other two don't want to 'go against' the exec, do they want to sell the house - do they want their inheritance? It seems pretty unbelievable to me how long this has gone on - the house will be depreciating whilst it is unlived in and your inheritance along with it. I don't know anything about the legal side really but it does seem to me that one of your executors is not working to meet the terms of the will - ie your parent's last wishes as to what s/he (sorry forgot if mum or dad) wanted. In my humble opinion something needs to be done about that. I would see a lawyer if i were you - sounds like you might be able to get legal aid and also lots of more experience people here who can share their own experiences and suggestions. Keep posting.

    PS Don't part with any money - even if it comes out of the house sale money, it's exec's responsibility - as another poster said, that should focus the mind a little if reluctant exec has to fork out/borrow.
    Aiming to take control of my life:A

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  • edited 5 June 2013 at 10:14AM
    John_PierpointJohn_Pierpoint Forumite
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    edited 5 June 2013 at 10:14AM
    As five people have an interest in "The proceeds of sale", they can never jointly legally own the property. [I'm not a lawyer but you could send a PM to the Land Registry Representative, who posts on here lto confirm the maximum number of owners is 4]

    I would take the attitude that the executors are trustee and as such are expected to act totally in the interests of the beneficiaries, even if this goes against their own personal interests.. They are the legal owners and they are personally liable for ALL expenses involved with their legal ownership. As a 20% beneficiary you would be prepared to be bought out for £xxxxx in cash NOW. ["This offer will not be repeated and will go up at the standard rate of interest payable on unpaid debts"].

    If the other 4 want to continue, perhaps running the place as a "buy to let", until they make a fortune by getting planning permission to rebuild it at double/treble the density; then that is up to them.

    Then "innocently" have a chat with the Council Tax Department, saying something like "you are concerned about the decaying empty house, has it been squatted as you saw some lights on the other day". Then ask them if they have "an empty homes officer".

    What is the garden looking like?

    The 150% council tax should concentrate minds.

    What is happening here is dead against government policy and when push really does come to shove, the council can repair the damaged heating system etc. and put in its own tenants.
  • I don't even know how to describe just how much of a nightmare it has been. All 5 beneficiaries are siblings and I am the youngest with the rest being in their 40's therefore they all have their mortgages and houses the way they want them whereas I am just starting out and need my inheritence for a deposit on my own home, whenever that might be. My sister took 4 years to get confirmation of my parents estate, I helped all I could but she wasnt interested although I lived with my parents and she had been out the house for nearly 25 years. The 2 that won't go against her do want their inheritence but dont seem to be able to stand up to her. My parents would never have wanted this and would have wanted it sorted as soon as and split. I really dont know how much more I can take.

    Thank you to everyone who has replied its been a great help.
  • Land_RegistryLand_Registry Organisation Representatives - Private Messages may not be monitored
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    As five people have an interest in "The proceeds of sale", they can never jointly legally own the property. [I'm not a lawyer but you could send a PM to the Land Registry Representative, who posts on here lto confirm the maximum number of owners is 4]

    John_Pierpoint is correct in so far as we would only be able to register a maximum of four as registered proprietors of the property.

    If the intention is to register the ownership in the names of the beneficiaries then this may be something which might help move things forward. However the title could also be transferred to 5 people and on registration they simply confirm which 4 are willing and able to act on any sale, mortgage etc as it would be those 4 who appeared on the register.

    The way ahead appears to lie in either coming to an agreement and acting upon it (which seems unlikely) or to pursue it legally in the way suggested by others, such as securityguy

    Land Registry cannot provide legal advice but you may wish to read our online guidance on how to transfer ownership when an owner dies as this may again help to encourage others to resolve the matter?
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • The executor causing all the problems believes that her say is all that matters even although she is joint executor. She didnt like the first offer and said that it would be up to her whether the offer was taken and this is the stance she has continued since. I have asked to be bought out and told this wasnt going to happen as I am not the only one waiting - the problem being that we are 5 years down the line and I (along with the others) are being held to ransom by her.

    My boyfriend tidied the garden so as far as I know it is still looking ok but that was a while ago now.

    You are right about the legal ownership of the house there can only be 4 owners as we looked at this years ago.
  • Thank you (Land Registry Rep) I had just posted as I saw your post there! I'm not even sure who's name is on the ownership documents and I wouldnt be surprised if it hadnt been done.
  • rpcrpc Forumite
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    How much money has been spent on bills, upkeep, etc since the offer that was £3k under her limit?

    If the beneficiaries are ending up with less money because the executor keeps putting off the sale then they are may be negligent in their duties and personally liable. An executor is ultimately responsible for their own decisions and if they are shown to be unreasonable then the executor can be liable to make good any losses.

    I would be looking to take action to have the executor removed and warning them that if your final settlement is less than it would have been had they accepted an earlier offer, you'll be coming after them for the difference.
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