Can I be forced to clear the house so quickly

tinker77

Okay long story so will try to keep it short my grandad passed away and left a will which was very clear a family friend was named as executor but had no bequests under the will the main part regarding division of money is all fine my issue is with the other aspects of the will my grandfather left me all of his household possessions. Probate has been granted in the last few days and the friend who is executor is insisting that I clear the house in the next week or two and they want to speed through the sale of the property however this is just not possible at such short notice I will not be able to start clearing what I want from the house for at least two weeks I plan to go to the house with in the next 3- 4 weeks.

The executor is not happy and wants us to move more quickly although all the way through the process we have not been kept informed of time frames etc and I think it is unfair of them to put me under pressure now. The executor has also said that my grandads sister wants something's from the house that they have put to one side however surely this is not in the executors remit as I have been left the total contents would it not be up to my grandfather's sister to ask me and not the executor if she wants to remove anything.

I have been allowed! into the house twice and both times the executor has followed me around and said I had to be supervised prior to probate and they have already removed several of my grandads belongings like his clothes etc and given them to charity before probate was granted. They have also taken it upon themselves to box up things that I indicated to them I might want.... I am just uncomfortable and unhappy that a third party who is unrelated to us is able to do this do me and my memories of my grandad.

madbadrob

The executor has to satisfy what the will says. If the executor wishes to sell the house then yes he can ask you to move all that you want to take and in a set time frame as well.
Has the will states that everything in the house was to be left to you then the executor has no right to give anything to another person without asking you and if you have said you only want certain things then once you have removed those items the items left he/she can do has he wishes with after giving you a notice that he/she intends to dispose if you do not collect.

Being supervised prior to probate...what a load of tosh. You could have removed everything then if you had wished. After all the house could have been burgled.

Being unhappy that the executor is doing this is a personal thing. The executor once probate was granted has the power and the law on his side to do just this. Your grandfather must have known this person to have named them as executor. Sorry if that sounds harsh but that is the law

Rob

nom_de_plume

Personally I think the time frame could be considered unreasonable. 1 month would sound fair to me. It's not unreasonable to, for instance, have a holiday booked that eats into the 2 weeks proposed. If the executor is being unreasonable, maybe you could turn the tables and give them the responsibility of caring from the items somewhere else such as secure storage? Also maybe request an inventory of the contents although there probably won't be one but it may make them a bit more uncomfortable about the way they are treating you.
Disposing and passing on any of the contents was wrong. Again another weapon that could strengthen your case.
Maybe a quick phone call to a solicitor who deals with probate may be able to confirm a definite reasonable time frame for the clearance. I've found in the past one who will give the odd snippet of information for free.

joerugby

You won't like this, but I think you should try to see this from the executor's point of view.

He has been handed a task which will be fairly onerous and carries no reward. He seems to be endeavouring to carry it out quickly and efficiently.

You have been left your grandfathers "household posessions". This could be interpreted to include items such as furniture but not personal effects such as clothes. Disposing of these could be regarded as reasonable.

You have visited the house twice with the executor and indicated to him items which you may want. He has kindly boxed these up for you and has asked you to collect them within a couple of weeks. He has offered (but not yet given as you may change your mind) some of the remaining items to others.

All of this doesn't sound unreasonable to me. If you need more time just ask him, and perhaps tell him why.

Mojisola

tinker77 wrote: »

my grandad passed away and left a will which was very clear

a family friend was named as executor but had no bequests under the will

I don't think it's very fair to name an executor who is not a beneficiary.

You are asking them to give up time and take on a big responsibility - at least leave them something in compensation.

getmore4less

benificial ownership of the property became your on date of death.

The executor has stepped well outside their duties by giving your property away.
The other side is you could have tried to be ready to clear the place or allready started

madbadrob

Mojisola is it not the case that the executor is usually told in a will that they can take reasonable costs for the time spent executing the will?

Rob

John_Pierpoint

Is there IHT payable on this estate?

The first beneficiary in line is always HMRC, which can be entitled to cream off a percentage of everything, including the personal possessions, unless the will states otherwise.

The accounting is a bit weird and wonderful, as the costs of disposal are not allowable against IHT.

The executor needs to sell the house you need to clear it of what will be largely valueless ASAP. The other option is the executor clears the house and uses the gold sovereigns to pay the costs.

There are high charges for admitting vans to land fill sites plus a meaty land fill tax and of course the cost of hiring the van.

You need to agree a plan, complete with deadlines, with the executor for your clearing of what you have been left.

John_Pierpoint

madbadrob wrote: »

Mojisola is it not the case that the executor is usually told in a will that they can take reasonable costs for the time spent executing the will?

Rob

No they are not, the lay executor can only charge for out of pocket expenses, that is why sensible people put a clause into the will that says something like
.....and I leave £3,000 to Joe Bloggs if he is the person who proves my will.

Assuming that Joe Bloggs in not the recipient of "the residuary" after all the other beneficiaries have been paid.

securityguy

If I were appointed executor of a will of which I was not a beneficiary, I would simply refuse. Whoever they were. A solicitor will cost thousands of pounds, so why should I do complex work, at my own legal risk, so that other people can have more money? If the relatives want to deal with the estate, they can do so.

lavalamp

securityguy wrote: »

If I were appointed executor of a will of which I was not a beneficiary, I would simply refuse. Whoever they were. A solicitor will cost thousands of pounds, so why should I do complex work, at my own legal risk, so that other people can have more money? If the relatives want to deal with the estate, they can do so.

I have to agree with this!