Trustee of will moving into jointly inherited house

getmore4less

Margot123 wrote: »

The only way you can get anyone removed as an executor is if they are currently serving a prison sentence of 6 months or more. The process of proving someone 'unfit' to act as an executor would be expensive and protracted.

The chain of events does have the makings of self dealing, occupation for personal benefit.

Smart move putting it on the market as the occupation can be argued as safe keeping while for sale and it will take time to gather the evidence that the sale is being blocked just so they can remain in occupation for their own benefit.

Once there are offers on the table then there may be option to try to force the sale or make a better offer.

Mojisola

Margot123 wrote: »

He's also said his solicitor said to call the police if I go there and 'harass' him; he could make all sorts of accusations when all I want is to talk to him.

Remember that his solicitor is being paid by him and has only heard his side of the story about how awful you are and the nasty things you've done to him.

I would record any meet-ups you have with him so that he can't claim you did this or said that and claim harassment.

TBagpuss

Margot123 wrote: »

Apparently, as he has now put the house up for sale, he is not acting improperly and can remain in the property. His only obligation is to the terms of the will, and he is fulfilling that part now. I can see that if any offers come in, he will reject them though and simply continue to market the property ad-infinitum. It will be in such a mess that I can't even see any offers being made.

He's also said his solicitor said to call the police if I go there and 'harass' him; he could make all sorts of accusations when all I want is to talk to him.

Speak to the agents. Make sure that they are aware that you are a co-owner and executor. Ask them to inform you (in writing - e-mail would be OK) Of all requests for viewings, of any and all problems they have in arranging these with your brother, and of any and all feedback they get from viewers.

That will all be relevant in seeking to have him evicted and for you to have conduct of the sale.

In terms of the threat of harassment, I would suggest that you write to him (or hos solicitor if they have been in touch with you) explaining that you require access to the property as executor to ensure that it is in suitable condition for viewing. Were you consulted about which agents market the property? normally this would be a joint decision and you would usually get more than one to view and advise, before deciding on the price at which to advertise it. If this has not been done, it would be reasonable for you to say that you will be attending in order to get 2 more agents appraisals of the property and advice on marketing.

If you go to the property and he tries to stop you going in don't try to force entry as at that point it would have potential for the police to treat is a breach of the peace.

Malthusian

Margot123 wrote: »

He's also said his solicitor said to call the police if I go there and 'harass' him; he could make all sorts of accusations when all I want is to talk to him.

And he could make all sorts of accusations even if you did absolutely nothing, so you shouldn't let the possibility of him making stuff up deter you from doing the right things (as per TBagpuss).

If he gets thrown in a cell for wasting police time you could use that opportunity to change the locks (although I doubt that will happen).

Margot123

Thank you everyone for your advice. I know the law is there to protect us all, but it seems very different in practice. The criminal side in these arguments is just about non-existent. Every time I consult either the police or solicitor, I'm told to take civil action through the courts. Also, I keep being told that we are bound by the '12 month rule' and need to give him more time.