Family death - Problems with family

madbadrob

Zuzzie wrote: »

As far as I am aware, when the solicitor applies for a Grant of Probate he has to assess the value of the estate, including the value of the house. He may have obtained this figure through the executors and one or two estate agents. Either way, the value would have been marked on the application form. I would strongly urge you to get in touch with the solicitor handling the estate - he should also have the Land Certificate/Charge Certificate relating to the property which would need to be submitted to the Land Registry for any amendments to the registry i.e. new owners or Charges to be removed. So your brother cannot amend the Registry without the Land Certificate/Charge Certificate. (A Charge Certificate is the same document as a Land Certificate but it specifies if there are any monies owed on the property). You must urge the solicitor NOT to release the deeds unless authorised by yourself or your solicitor pending a resolution of this problem. Meantime, get 2 or 3 estate agents to value the house and then tell your brother that you do not agree to his valuation and that the beneficiaries (yourselves) can obtain much more on the open market - NEVERMIND THE PROBLEMS. If he wants to pay the market value, then fine, he can pay it. Don't be bullied by this man. Get yourself a solicitor involved if necessary.

Solicitors not acting on this the Brother and OP are joint executors and are doing it themselves.

Rob

rogueylawyer

Hi Mordecai

I'd definitely recommend you speak to a solicitor as soon as possible. It might be worth bearing in mind that an executor has a duty to the estate - that means you and your brother each have a duty to the other.

If an executor takes a financial benefit gained by his role as executor, then the transaction may be voided for self dealing. In this case, unless your brother is able to substantiate his allegation that the property is worth significantly less than the probate valuation, you may be able to argue that the transaction (your brother buying you out) is invalid for self dealing.

As an executor, you may be able to enter a restriction against the property at Land Registry, preventing the transfer of the proper without your agreement. Historically I have had some difficult with getting those restrictions entered, but it is always worth a try.

Alternatively, if you have concerns about your brother signing the IHT forms and grant at a valuation substantially different than that which he believes the property to be, you may wish to take independent legal advice before allowing a grant to be issued.

I hope that helps but if you would like any more assistance just let me know.