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Property Left To Siblings

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  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Try to sell her the positives.


    No late night parties etc. and surely they will be inside a great deal of the time especially in the winter
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    I think the difference is that it gives OP grounds as beneficiary to sue the executors - and therefore as an executor, to resist the sister.

    This is not 'just a sibling squabble' on which the law has no bearing - OP actually would have grounds to sue the sister

    In English law you cannot sue yourself!
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Are you sure there is no common law duty?

    The paramount duty of care to act in the best interests of the beneficiaries is not the same as maximise.

    Many wills give trustees fairly wide discretionary powers as standard clauses anyway.
  • Another consideration in the sale for a nursery is likely to be time scale. A nursery would almost certainly need planning permission and I doubt any solicitor acting for a would be purchaser would advise exchanging contracts prior to obtaining planning permission. The sale could drag on for a fair few months.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    THis is the next step check for planning applications.

    The offer could well be a preemptive to stop you getting other offers and when they are ready to proceed the offer suddenly drops.

    If the site get planning for another use what is it worth thne worth checking independantly from the current EA.
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