Executor excluding benificiary

LellSasha

So my mum passed away in Nov 2015. I am her next of kin. Early last year she explained to me that she had made her uncle by marriage and his wife executors of her will to give them the authority to close down bank accounts and register her death etc if I was too grief stricken to do so. The house was never mentioned and I was too naive to look into it.
When my mum passed it became clear just how much authority the execs have over the house in a very negative way.
When mum passed myself (on the request fo my mother before she passed), my 2 brothers and our maternal Grandad were living in the house. Mum had an existing mortgage that we all agreed to apply for and keep the house.
The youngest brother moved out in Jan to have a baby with his girlfriend and a couple of weeks later our Granddad passed away.
It was myself and the middle brother left in the house and at this point the middle brother decided he no longer wanted to live in the house (because I wouldnt allow his drugs inside - something he never did when our elders were alive) and because he wanted to move out (I couldnt move out for financial reasons) he wanted the house sold, so he could have his money. I didnt want the house sold and neither did the youngest brother. The executors informed us we would need to buy him out and at that time we couldnt. An investor offered their services to buy the brother out and allow me to keep on living there under my 3rd share - both brothers agreed but as the executors seemed desperate to have the hold sold on a whole and the younger brother started toing and froing (he couldnt decide whether to sell his share or not). They felt uneasy and quickly pulled out. I fought the house going on the market for a while trying, asking for more time, just to get myself in a position to buy the house myself or at the very least come out of studying and get back into full time work to aid my move. Domestic violence began from the middle brother on myself in an attempt to break me down. Eventually he was arrested for the final time and bailed away from the house.
I excepted I was defeated and the house went up on the market shortly after. I suddenly became the bad egg. All communcation about the house were no longer being had with me unless the execs needed me to be home for a viewing. Only the 2 willing siblings were notified of what the house was on the market for and when offers came in. I would find out through family members and have to call the executors to find out what was happening.
The house was in the market for 3 weeks when an executor called me to say they had accepted an offer on the house. There were no questions just that was that.
Things started to get easier for me I got a new job and a mortgage adviser and a lender worked together to get me the funds needed to buy the brothers out and get my own mortgage. At this stage the offer on the house was only 'in principle' so I went to the execs and told them that I was working with a lender and was at the final stage of getting the approval for the funds to buy out the boys and cover mums remaining mortgage. There were documents I needed from the execs, they stalled handing them over and then gave me the wrong docs. The whole time this is happening they are repeatedly telling me they are most likely only going to go with the offer from the other buyers. Even if I get approved before anything happens with them they have said they wont accept my offer. I have been approved the money but need to pay fees in order to complete the process. I am so nervous for doing so because I KNOW they are not going to take my offer (they say that the brothers do not want me to buy the house because its not fair to them (the brothers) knowing I live in my mothers house and they don't, they would rather sell to strangers - their words. yet not so long ago they agreed for an investor to buy them out and leave me be ). I'm about to hand over money for funds that are going to be rejected. They have also rejected a higher offer from another buyer because they want to get the existing offer processed before I have chance to get my funds.
In addition to this I came out of hospital a couple of days ago to be bed bound at home. I woke to find the execs and the youngest brother wandering around the house. A short while after the middle brother arrived with a police escort to collect HIS personal items (this is what the executor explained to me). Whilst I was laid up in bed they began removing furniture that didnt belong to the middle brother. The police would not allow me to question it (I wasnt "fit enough" and I was "causing a scene") and the executors just stood their with nothing to say. I was then informed by neither the execs or the brother that they would be returning on the 24th of this month (Sept) to take the rest of the wanted items from the house and throw away what they didnt want and by police warning I wasnt allowed to put up a fuss. I again had to contact the exec off my own back to have this confirmed. Can they do this before the house is sold, can they empty the house of items before funds have been provided from the sale to be able to replace them?? Why are items leaving the house before the sale is even complete!?
I really dont feel they are acting in best interest of all of us - only the brothers and not me but I am so unsure as to whether I have any rights to stop sales/ offers and battle what they are doing...I havent had a choice or a fighting chance in any of this and before I enter into more fee's with a solicitor I need to know if its worth it...TIA

Cheeky_Monkey

As you are living in the property, the executors can't proceed with their proposed sale without your agreement as you could just refuse to move out.

moneyistooshorttomention

Fingers crossed for you that those bullying brothers of yours don't succeed in this - and you can manage to buy them out.

Hopefully someone will come along that can tell you your legal rights on this.

missbiggles1

Apologies if I've missed it but is your offer higher or lower than the one they want to accept?

moneyistooshorttomention

Cheeky_Monkey wrote: »

As you are living in the property, the executors can't proceed with their proposed sale without your agreement as you could just refuse to move out.

That could be a valid way to look at things.

After all - buyers tend to be reluctant to take on a house with a sitting tenant in and surely you at least count as equivalent to a "sitting tenant"?

It may be worth making that point to the executors - ie the amount of notice you would need to have to move out must surely be at least as much as a tenant would have to have?

Add the fact that sitting tenants (or would-be part-buyers) are actually sitting there in the house and that house may (or may not;)) still be in good condition at hand-over time to the next owner (if they were someone other than yourself).?

AdrianC

In all of that long and unnecessary detail, you miss out the one and only relevant fact.

What does her will say?

The executor's job is to wrap her finances up, maximising the value, and to distribute it according to her will. No more, no less.

If the will said that the house was to be sold and the proceeds split, then the executors have to sell the house. One of you could, of course, buy it.

If the will said that the house was left to the three of you equally, then you each get 1/3 joint ownership. You can, of course, then negotiate among yourselves to buy or sell your shares.

If the will says that the value of her estate is to be distributed, then it's entirely up to the executor how that happens. If one of you wants to retain the house, then you will need to find some way to put money into the estate to the value of the house above your share of the estate.

anselld

Sounds like your Mum knew the three of you would be unlikely to agree and hence gave someone else the difficult task of "Judgment of Solomon" when the time came to split the house proceeds.

Their task as Executors is to act in accordance with the declared wishes of the Deceased. That may or may not be in the best interest of some or all of the Beneficiaries.

moneyistooshorttomention

Or, on the other hand, Mum may have been aware that one of her sons was a violent sort. It's just possible she may have been trying to protect her daughter (I presume OP is a daughter?) from her thuggish brother and thought the best way to do it was have the house sold and then OP could break all ties with the thug and the other brother?

But, if OP decides she wants the house regardless, then it's fair enough she should get it if she can manage (as it seems she can) to find the money to buy out Thug and Other Brother.

xylophone

Has probate been granted? If so, you can get a copy of the will.

https://www.citizensadvice.org.uk/relationships/death-and-wills/wills/

The executors have a duty to act as directed in the will, to treat all beneficiaries fairly and to obtain the best value on sale of estate assets.

LellSasha

It is around about the same ..there has been no final offer so cant be sure. but going off of the value of the house my offer allow them to receive spot on a third of the value for each of them (after the outstanding mortgage has been paid)

harz99

LellSasha, can you read post 6 and answer the question please.


That way you will get some objective advice.