Can an executor ignore a will ?

jacklexa

Apologies for the odd title....my sister died 7 months ago...she was a bit of a loner and hadnt had any relationships or children( I live away so didnt see her regular but kept in contact by phone and helped her out when she needed money for bills etc). My sister told me that in her will she had made me executor and had left me everything. Anyways when she died and the will was opened she had made a "friend" the executor. The will simply said that she had left this friend £500 for her friendship and everything else was mine.( I am currently renting a house at the moment with a view to returning to my home town for semi retirement) There was enough money to bury her and I have paid out of my own money her credit card bill and a few other bills that the executor sent me.

I firmly believed that as I had paid the debts ( but I havnt given the £500 over)that I would be able to have the house transferred over to me ( it was our family home ) but the executor is saying that they will put the house up on the market and sell the house..the house does need a few things done to it but that doesnt bother me ( its valued at £70,000). Is it because I havnt given the £500 over that its being sold?

I wrote to the probate office in Leeds and the wrote back saying nothing has been logged there....I dont know where to turn. I travelled to my hometown last week end and went to see an old neighbour who told me the house is empty. I even had to apply to get a death certificate for my sister

Im frightened to go to a solicitor in case it costs me money that I dont really have...can anyone please offer me some advice or help please

Many thanks for reading this

Mojisola

Did you get a copy of the will - what exactly does it tell the executor to do?

The executor won't be able to sell the house unless she/he has got probate.

spacey2012

Are you the nearest relative ? if so apply for probate yourself, this executer has two choices, let it go through or cough up a will, if they do not cough up the will, you get probate if you are the next in line.

Crabapple

Was there only enough cash to pay the funeral? Normally the Executor should settle debts from cash assets not send them to the beneficiary.

As mojisola says, they will need to get a Grant to sell (or indeed to transfer) the house.

If you want to keep the house then you should ask for it to be transferred to you as residuary beneficiary, but if there is no cash then you would need to settle the debts and the legacy yourself.

jacklexa

Thanks for the quick replies....yes I have a copy of the will and it doesnt say what the executor should do in fact it only says about the £500 and that everything else is mine.

Yes there was just enough cash for the funeral

Yes I am her next of kin...can I apply for probate? I thought that only the executor could apply for probate

Can I force her to transferr the house as residuary beneficiary to me

terryw

This link to the Land Registry may be of assistance:
http://www.landregistry.gov.uk/public/guides/public-guide-9

Probate will be required. Spacey2012 above gives some advice.

A copy of the LR register only cost a few quid and might be useful to check just in case there is something untoward.

You really need to have a word with the friend about her intentions re probate etc. Apart from anything else, such things as insurance, utilities and council tax need to be considered.

jacklexa

Ive just done a check with the land registry and the house is in sole name of my sister.

Ive phoned and written to the executor but getting info back is impossible. I know perhaps going to a solicitor may help but its the cost to me that is bothering me. The executor has told neighbours that she will be dealing with the sale of the house.

I am very upset at how Im being treated but feel that I have to tread lightly....to a degree feel that Im being fed the scraps of my sister.

Land_Registry

These situations can be very difficult to resolve and I would recommend seeking legal advice.
Dealing with the legal title is explained in the online guidance as linked to above.
The issue of how the executor should deal with the property and estate is a separate issue although for obvious reasons they should be dealing with it in accordance with the recorded will.

Transferring or selling the property would rely on the executor demonstrating through probate that they can do so legally. Land Registry is not required to check the will or the circumstances as the probate gives them the legal authority to deal with the property/estate. The view is that the executor will carry out the deceased's wishes to the best of their ability and as recorded in their will.

If that does not happen then it is a legal matter and if pursued likely to only be resolved through legal action or the threat of it in some cases.

That aspect does not come within the Land Registry remit but in my experience around such issues to do with property matters anyone can ignore anything unless challenged and then it can often be more a question of how far will one or both parties take it with the ultimate arbiter of course being a court of law.

troubleinparadise

jacklexa wrote: »

Ive just done a check with the land registry and the house is in sole name of my sister.

Ive phoned and written to the executor but getting info back is impossible. I know perhaps going to a solicitor may help but its the cost to me that is bothering me. The executor has told neighbours that she will be dealing with the sale of the house.

I am very upset at how Im being treated but feel that I have to tread lightly....to a degree feel that Im being fed the scraps of my sister.

You have said that the wording of the will doesn't specify that the house has to be sold - are there further debts that would mean that the only funding would be via the sale of the house, despite you saying that you have paid the debts so far?

You say also that you have phoned and written to the executor, but without satisfactory response. Have you kept notes or copies of these communications?

Whilst you may not wish to incur further costs, I cannot see how you can progress without legal advice, and perhaps a letter from a solicitor may carry more weight in terms of the executor responding.

If you leave this, you may well find that the house has been sold and without bringing more costly legal action after the event you will just be left with the residue.

Seek legal advice.

AMILLIONDOLLARS

Remember that the Executor can bill the Estate for any costs they have incurred in the process of settling the Estate, so watch out for a further invoice from them for this.

You need to call a face to face meeting with them to discuss the matter, if you don't tackle it now with a Solicitor you will be worse off further down the line. Don't be short-sighted regarding the money you may have to pay out a little now but it will save you a lot later!!

AMD

jacklexa

I spoken to a solicitor on the phone this morning. They have said that the executor has the legal right to sell the house ( Im slightly dumfounded by this as really the will means nothing) even though there is no debts othe r than the £500 and as said in a previous post a possible bill from the executor. The solicitor doesnt seem interested that the house is empty of its contents ( where my sisters belongings etc are I dont know) . I was offered an appointment to discuss further and also asked for a deposit of £1500

Im now wondering if the executors bill is going to be huge and this is why she is pushing for the sale of the house. She hasnt mentioned a bill and I certainly havnt asked her

The will is very simple, just £500 to friend and everything else to me. There wasnt even any mention of what she wanted at her funeral, flowers etc