Can I delay confirmation?

Donury236

So, my late fathers will states that I have first refusal to buy his house, and then I am entitled to 50% of all other assets with my sister.
The solicitor reads this as I buy 50% of the house or its sold - it never transfers into my sisters name.
Here lies the massive issue. The whole house is in my name - but I am not currently working as my partner does so he would be a joint applicant and paying the mortgage. But I have been told as he is not on the deeds he cannot be on the mortgage. Solicitor says that if I cannot buy the 50% myself it has to be sold, which is !!!!ing me off as my dad made it clear to the solicitor my situation at the time of the will being drafted (literally a week before he died!) and he left me the option of the house as he wanted my kids to grow up there.
My partner and I own a house jointly at the moment and would likely need to sell it before we took on my dads - if we can figure out how to get past the name/deeds/mortgage issue.

Can I delay confirmation or the sale of the house until I can sort something out? We are both executors as well as beneficiaries (though I am doing ALL the work re assets and debts and notifications!) so I am not sure how that works with the whole timeliness aspect!

Mojisola

Donury236 wrote: »

So, my late fathers will states that I have first refusal to buy his house, and then I am entitled to 50% of all other assets with my sister.

The solicitor reads this as I buy 50% of the house or its sold - it never transfers into my sisters name.

The whole house is in my name

I'm finding this very confusing -

if the house is in your name, isn't it your house now?

Keep_pedalling

I do not understand, why is the house in your name if your father owned it?

The thing about wishes in wills is that they are simply that, they are not enforceable, and I do not really see why your sister should have to wait for her inheritance because you currently do not have the means to carry through those wishes. If you delay confirmation you sister could persue you for any losses that result in that delay.

Donury236

No sorry, it will be as my sister will never be on the deeds according to her and the solicitor. As in its not a case of 50% house and 50% assets then I pay my sister her share. That would be the easiest option as then my partner could in effect buy her share. My sister was there when dad got the will drafted up, I was not and he did discuss it with me beforehand so I knew his wishes and intentions, but my queries were never mentioned and so here we are.

The way its worded is not 100% clear, mainly as it reads like I am to buy something I have a legal right to (law of succession in Scotland). I am an Executor and a Beneficiary.

"I direct my Executors to give my said daughter xxx, aforesaid, the option to buy the said dwellinghouse at XXX, aforesaid at the market value to be determined by a suitably qualified chartered surveyor appointed by my Executors, but only if the said xxx intimates her intention to buy the said dwellinghouse to my Executors within two months of the date of my death. Declaring that the net proceeds of Sale of the said property shall form part of the residue of my estate which is dealt with in Clause (FOUR) hereof.

(FOUR) I direct m executors to pay and make over the whole residue and remainder of my Estate equally between my two daughters, namely the said xxx, aforesaid and xxxxxx, aforesaid;"

A petty as it is, I have had to do everything despite us being joint executors, There are near 100k in shares that I have said she can have and then I pay the balance of her 50% when I can get a mortgage on the house. The issue, that both my father and her knew before the will was finalised - and one of the big issues that I raised - was the mortgage issue, so TBH, given that my sister acted like it didnt matter beforehand, she can wait. If we have to sell the house it is likely to take longer than it would for me to sell this place and get a mortgage on m dads.

I am being expected to sell our current property ASAP and making ourselves temp homeless just so that I can be ready for a mortgage whenever confirmation takes place - which no one can say when that is. The wording only states a time frame for my intimation - which has been given. I believe reasonable time is allowed for the division of the assets and so............a few months to get a mortgage sorted is not unreasonable surely.

Yorkshireman99

Donury236 wrote: »

So, my late fathers will states that I have first refusal to buy his house, and then I am entitled to 50% of all other assets with my sister.
The solicitor reads this as I buy 50% of the house or its sold - it never transfers into my sisters name.
Here lies the massive issue. The whole house is in my name - but I am not currently working as my partner does so he would be a joint applicant and paying the mortgage. But I have been told as he is not on the deeds he cannot be on the mortgage. Solicitor says that if I cannot buy the 50% myself it has to be sold, which is !!!!ing me off as my dad made it clear to the solicitor my situation at the time of the will being drafted (literally a week before he died!) and he left me the option of the house as he wanted my kids to grow up there.
My partner and I own a house jointly at the moment and would likely need to sell it before we took on my dads - if we can figure out how to get past the name/deeds/mortgage issue.

Can I delay confirmation or the sale of the house until I can sort something out? We are both executors as well as beneficiaries (though I am doing ALL the work re assets and debts and notifications!) so I am not sure how that works with the whole timeliness aspect!

As executor your primary responsibility is to the estate. You are not allowed to juggle things for your convenience or benefit as you are trying to do. Google self dealing for more details. I would have expected your solicitor to have explained that to you. You will be personally liable to the estate and any beneficiaries who have lost out due to this. You need to go back to your solicitor and ask how matters can be sorted ASAP without further delay.

Donury236

But surely my sister being an executor and forcing me forward so she gets her share is also juggling things for her convenience? Surely reasonable time comes into it? Maybe I should stop doing anything and relinquish my executor duties, then I wont be self dealing and the reasonable time will apply.

Tom99

[FONT=Verdana, sans-serif]I read the will as saying you have to confirm you want to buy within two months not that you have to complete the purchase within two months.[/FONT]

Tabbytabitha

Tom99 wrote: »

[FONT=Verdana, sans-serif]I read the will as saying you have to confirm you want to buy within two months not that you have to complete the purchase within two months.[/FONT]

That's the way I read it as well.

flower77g

Another possibility is for the original poster (and partner) to ask the inheriting sister to lend 50% of the value of the house as a mortgage, making payments each month to her. The original poster (and partner) could then have their names jointly on the deeds, with the sister's charge on the property recorded.

Yorkshireman99

Donury236 wrote: »

But surely my sister being an executor and forcing me forward so she gets her share is also juggling things for her convenience? Surely reasonable time comes into it? Maybe I should stop doing anything and relinquish my executor duties, then I wont be self dealing and the reasonable time will apply.

As I said go back to your solictor and ask him to explain the whole thing to you. That is what he is there for. Nobody on here knows ALL the ins and outs.

AnotherJoe

Maybe I've missed this but if the house is in your name, which means you own it, why do you need to buy it? Why do you in some posts refer to it as your house and in others as your fathers?

Secondly as said by others, assuming you dont own it and wish to buy it, the words you posted only indicate you have to declare your intention to buy within two months. That is very different from buying in two months.