Stuck. Can the other executor of a will be replaced if they won't respond?

getmore4less

£11k is a lot for an estate did you get a quote/estimate before appointing them?

Was there anything complex? or was it high value?

often a lot of the work gets done by family especially if there is someone remaining in the house all the utilities etc. should have required little work by the solicitors.

I think your first action is to establish proper contact with your sister and discuss what you need to do next and to get her back on the case. Maybe there is something she is not happy about.

If possible face to face.
(is the grand child old enough to try and deal with to find out what is happening with sis?)

What did the will say about the house?
That will determine the possible actions that can be taken.

Land_Registry

I'll try and cover things form a registration perspective and then give a steer on the other points you are making where I can

The restriction you refer to can be registered for a number of reasons and the register is not the definitive confirmation that they held as Tenants in Common.

The Transfer of your mum's 50% into my and my sister's names until the children all reach 18 would have needed your Dad to transfer the legal ownership to the two (or three of you ie inc him). As you suggest any later transfer to the children would then have required your sister's involvement.

We don't put 'markers on the deeds' so not too sure what the solicitor was referring to here.

If you are concerned that someone may do something re the registered title without your knowledge then I would suggest setting up a Property Alert.

As you state the children will have to be over 18 before they can be registered as owners if that is what ultimately is planned.

On the face of it there seems little point in contacting us and you may find that the existing form A restriction is the only means of protecting their interests at this stage. The key re the legal ownership, the registered title, is your Dad as he is the sole remaining legal owner. The children's interests are in your late Mother's beneficial ownership/share.

Could anyone confirm that this does mean it is tenants in common or does my dad now own 100% of the property? If that's the case then the grandchildren will likely see nothing from it in the future. - as mentioned the register is not the definitive source re this but if they applied for the restriction to be added to cover the arrangements made in their wills and nothing then happened to change their circumstances then that should be a safe conclusion to reach.

Your Dad is the sole legal owner but your Mother's 50% share in the beneficial ownership remains so if for example the property was sold then her 50% share would be in the sale monies.

Presumably if that did happen then Dad would go along with the terms of the wills/Mother's wishes and the children would benefit from the 50% share - if he did not then they will probably have a legal claim on the monies

Dad can sell the property but he would have to appoint someone to act with him as a joint transferor and to take receipt of the sale (capital) monies. As mentioned the childrens' claim is on the 50% beneficial share in those monies.

Dad can will his 50% share still so if he wanted to change his will he could - that would not change the registered details,.

As such it seems the key issue is what does Dad intend to do. And you infer that your preferred choice is to wait until the children are all over 18 and Dad has passed on. As things stand that may be the way to go here as the register refers to the restriction so restricts Dad's ability to act alone and your sister's powers under the probate seem very limited as far as what happens now re the property.
Whether you or someone else updates the register to remove Mum's name won't alter the circumstances

Skibunny40

I know it's not right, but would it be worth considering bribing your sister?!

If you can get to the stage where she simply has to sign something to release the cash, just wave a cheque in front of her until she signs it?

Morally, this would stick in my throat ( why should she benefit from being a pain?), but you mentioned that she wouldn't be bothered unless it would benefit her - at least this way, it would benefit her...

Yorkshireman99

Skibunny40 wrote: »

I know it's not right, but would it be worth considering bribing your sister?!

If you can get to the stage where she simply has to sign something to release the cash, just wave a cheque in front of her until she signs it?

Morally, this would stick in my throat ( why should she benefit from being a pain?), but you mentioned that she wouldn't be bothered unless it would benefit her - at least this way, it would benefit her...

Absolutely not! The solicitor would not agree. Talking to the solicitor, as has been said repeatedly is the only answer.