Can my brother block the sale of the house

Lucky26

I am exectutor of the will as requested by my deceased mother. I order to apply for the probate my brother who is a builder said he would help out and obtain estate agent valuations but he dragged his heels. So in the mean time I obtained three independent valuations all within £10K of each other, which according to the agents is the market value. My brother has blown a gasket and has threaten to block the sale as he feels the values are low and I am ripping him off. Can he block the sale?

dzug1

I don't think he can block the sale but he could sue you for his perceived losses - your valuations are a defence against this.


Alternatively you could employ a solicitor to continue winding up the estate - which would beat the fees

Lucky26

dzug1 luckily we paid full solicitor fees >£2K and I have followed their every instruction, which included obtaining three independent estate valuations so they can apply for the grant of probate. The other option which one state agent said is a building surveyor valuation.
Two valuations give £110K but reckon may be £100 to £105K the third reckons £100K possibly £102K.
I chose my husband but I could not choose my brothers.

troubleinparadise

And the market place will determine if those valuations are accurate - it may sell for more or less than the asking price accordingly.

If too high it won't sell - and then the costs of maintenance/utilities/insurance etc will eat into any potential gains should it remain unsold for months.

Unfortunately your brother is perhaps overestimating his knowledge of the market and being greedy whilst not actually bothering to get on with his offer to get valuations - glad you have a professional third-party to back you up on this, but sorry that he is creating conflict where there needn't be any.

getmore4less

Depends what you are planning to do with the place.

If selling, it will find it's own market price.

If he believes it is more tell him to cough up the cash NOW for your share and if he can sell it for more he can keep the extra.

What do you think is a realistic value and you would be happy with are you prepared to not get upset if he does make more from it.

if there are other assets in the estate you could do a deal where his share of the house is bigger and you get the other bits.

LannieDuck

Tell him to arrange his own valuation for next week, and if it's higher than the other three, you'll consider delaying a little further for him to get two more. If it comes out 100-110k, you'll be going ahead with putting it on the market.

Mojisola

Lucky26 wrote: »

I am exectutor of the will as requested by my deceased mother.

So in the mean time I obtained three independent valuations all within £10K of each other, which according to the agents is the market value.

LannieDuck wrote: »

Tell him to arrange his own valuation for next week, and if it's higher than the other three, you'll consider delaying a little further for him to get two more.

I wouldn't do this - you are the executor and have already got three valuations. You are the one with the legal responsibility to sort out the estate. If you let him in on this decision, you'll be under pressure to let him have his say about other things.

Lucky26

We have been informed by the Solicitor that the brother can only contest me as an executor through the courts and not the decision to sell the property. They (The courts) do not take the decision to rescind an executor lightly and if pursued will be timely and subsequently expensive. The Solicitor advised that the three quotes are within spec but if the brother continues then the estate can appoint an costly building surveyor to value the property. The executor on advice from the solicitor will sell the property at the market value and will be bought at the market value for the area.

RAS

Chances of removing an executor are minimal; need to show that the executors was not acting in the best interests of the estate.

Given the balance of keeping expenditure on the property to a minimum and getting a decent sale price, you would have to be doing something really underhand to face a successful challenge. Like seelling it to a family member at a knock down price and only giving him half.

LannieDuck

Mojisola wrote: »

I wouldn't do this - you are the executor and have already got three valuations. You are the one with the legal responsibility to sort out the estate. If you let him in on this decision, you'll be under pressure to let him have his say about other things.

I guess it depends how much family harmony the OP wants at the end of the process. S/he seems to have indicated at the beginning of the process that it would be ok for brother to get estate agent quotes. Given how annoyed he now is that OP has gone ahead and done it themselves (understandably, given the delay), I would give him one more week to demonstrate that his bluster has any merit.

paddedjohn

Arrange for 1 final valuation and ask your brother to attend with you, he can then discuss the price with the professionals and see that you are not selling on the cheap.