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rog747

OP deleted

Yorkshireman99

You have every right to do as you wish. He needs to be reminded, in writing by letter not email, that he must cooperate. If he will not you could, as avery last resort, to apply to the court to have th properry sold. Hopefully he migh show some common sense.I also suggest you advise the estate agent and solicitor of the situation.

Margot123

You are representing the estate of the deceased and are duty bound to carry out the express wishes detailed in the will. If you have keys, you can let yourself in as would the testator have done many times before.
The issue arises when/if the other owner then changes the locks; however you are equally entitled to replace the locks to preserve the estate assets. Unfortuntely this would then become a game of lock-changing and hostilities would rise.
Perhaps a letter from a solicitor detailing the outcome of their obstruction might jolly them along a bit.

getmore4less

As tenants in common the other owner becomes the sole legal owner of the property and has total control over the sale, and can appoint anyone to act as second trustee, normally that would be executor of the deceased estate.

The estate has the mortgage liability and a beneficial interest in the equity.

Is there a declaration of trust to cover the beneficial interest, without one paying off any of the mortgage was not a sensible move.

You need cooperation of the legal owner to protect the assets of the estate.

You should agree at joint meeting in the property a list of assets you will be removing, along with a list of things you will be leaving.

Crabapple

I would remind him that you both want the same thing -sale of the flat.

However, getmore4less is right and you don't have the same legal rights in a sale. He can do it without you.

getmore4less

rog747 wrote: »

yes he is now sole owner but he does not control the sale surely that is not quite correct
as executor I have the same rights to force or decline a sale

why would he appoint a second trustee? like whom for instance?

he has no money for such legal stuff and wants the place sold PDQ
he's just over sensitive - don't know why
but I have to treat him with kid gloves and on eggshells

re beneficial interest, yes agreement on the dispersal of equity and such like are agreed and in place

re assets taken from the flat - he knows exactly what is what and so do I - there is no issue there - i have respected that i do not clear the communal areas without his presence

You need to update your knowledge on legal ownership.

It costs nothing to appoint a second trustee for the sale.

getmore4less

Legal ownership and beneficial ownership are different.

The survivor becomes the sole legal owner, there will be a restriction on the title that needs a second person(trustee) to make changes, typically that would be the executor of the estate with beneficial interest but can be anyone.

The sole legal owner may not realise how strong their position is yet but it is probably in everyone's interest to get the place sold a less aggressive approach may be in order.

Crabapple

You are correct about how the half share passes, but the estate owns a beneficial interest in half the property. The legal interest is with the surviving owner.

Upshot less technically is only the surviving owner can sell, but they appoint someone to sign the paperwork with them as a second trustee.

It doesn't have to be you, and being executor doesn't give you any right to act in the sale, only to be paid half the proceeds.

Crabapple

Also there should already be a form A restriction. If you need to protect the estate interest I think it is form N.

getmore4less

If it is not selling I would focus on that, usually the reason is price.

How was this decided if it went up for sale while your friend was still living there.

Depending on the beneficiary situation one way out for you as executor is passing the beneficial and legal ownership to them but that needs cooperation of the beneficiary(s) and the owner.

Anyone you can get to act as an intermediary if your personal relationship with the owner is fragile?