Can an executor ignore a will ?

nom_de_plume

From the brief words in this thread it sounds as though the executor would be best advised to stand down. Do they realise they can only claim expenses and not for their time. The £500 legacy is not much to cover the time and effort to deal with an estate containing a property in my opinion.

Furthermore, the executor has a duty to maximise the value of the estate. By selling the house unnecessarily and incurring the costs associated with the sale, that could be seen as not doing so.

Maybe a letter clearly stating your wish to retain ownership of the property with a hint that, if sold, you will be looking to recoup any and all loses from the executor, you may well sway their mind. It would be better coming from a solicitor and I suspect one well written letter would do the trick. Obviously as mentioned above, you will need to ensure all other debts of the estate, including the £500 legacy, are settled to enable you to retain the home.

Land_Registry

jacklexa wrote: »

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)

Just to reiterate that the majority of wills are written and then recorded with the Probate service . When the person dies you can then apply for probate which, if granted, gives you the legal authority to deal with the deceased's estate inc of course any property.

The executor is then expected to abide by the terms of the will so it is wrong to say that the will means nothing.

As mentioned previously if you believe that the executor has acted inappropriately then that may be something you can challenge. The will then forms a crucial part of any understanding on the part of the court, hence why when making a will it is crucial to get proper advice to ensure that your wishes are captured correctly.

In the vast majority of cases of course where a property is involved the will is quite clear and the executors will transfer/assent the property accordingly.

Mojisola

jacklexa wrote: »

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.

Although the friend was made the executor, she could have asked a solicitor to do the work. If so, the solicitor's bill will be have to be paid out of the estate.

If the friend has done the work herself, she can only claim expenses - phone calls, travel costs, etc.

I would try another solicitor - you should be able to find one who will write to the executor without needing so much money upfront.

If you offer to cover any bills that need to be settled, there is absolutely no need to sell the house. Selling the house will incur other costs and it might be worth reminding the executor that she is personally financially liable if the estate is mishandled.

BobQ

OP Where did you get the copy of the will from?

Is it possible that the Executor has a later will (or indeed an earlier Will) that they are using that says something different?

Either way they still need to get Probate to sell.

TBagpuss

I would second the recommendation to speak to a different solicitor. £1,500 is a massive amount to ask for on account - I would normally expect to be asked for £350 - £500 on account initially.

the executor can sell the house (they would then have to give you the sale proceeds, less any debts, other legacies and expenses of the estate) but if you specify that you would prefer it to be transferred to you then there is no reason why that should not happen, provided that there is enough in the estate to pay off any debts and expenses, or that you are able to do so.

It is unusual for the executor to send you debts to deal with and suggests to me that she doesn't know what she is doing.