Can I delay confirmation?

AnotherJoe

relaxtwotribes wrote: »

That is just nonsensical and plain wrong.

"I direct my Executors to give my said daughter xxx, aforesaid, the option to buy the said dwellinghouse....but only if..."

The need to intimate is not an option. The intimation is simply a condition that must be satisfied for the option to be validly exercised.

I could agree with you but then we'd both be wrong.
Tom99 has summed it up.

DigForVictory

Donury236 wrote: »

it seems to be a no go as she wants her cash ASAP.

It sounds like you not only need a competent solicitor of your choosing, you may also need relationship counselling with your sister.

I think I'd focus on keeping her on side & helping her figure our why she needs half a house of cash right the heck now. That she was there when Dad drew up the Will & you weren't has me a bit twitchy too - surely she knows & appreciates his intentions, or is she a bit cheesed off that he wanted a roof over your children's heads more than being completely 50/50 between the two of you?

At which point, this isn't as much about the Will & Dad & bereavement & more about the Inner Toddler whimpering "It Isn't Fair!" and throwing their weight around.
Frankly the more of an awkward cuss she is, the more she needs loving even if you yearn to part her hair with a fireaxe. See if you can reconnect with her, as houses can come & go, sisters you are stuck with. (I know, shockingly not MSE but I'm a complete softy about family. Apart from the odd day a year when I'd cheerfully sell them all for parts.)

relaxtwotribes

Tom99 wrote: »

[FONT=Verdana, sans-serif]There is no mention of when completion of the purchase is to take place if the offered option is accepted.[/FONT]

An option is not an option without an exercise period or exercise date. So, even if accepting that the two month timeframe applies to the "intimation", the Executors will have to agree on a timeframe for exercising the option and completing the purchase as directed by the testator. One executor may want a long timeframe and the other a reasonably short timeframe. That is something they will have to negotiate between themselves.

As I stated in reply number 15, it would have been better if the will included these two timeframes.

Tom99

relaxtwotribes wrote: »

An option is not an option without an exercise period or exercise date. So, even if accepting that the two month timeframe applies to the "intimation", the Executors will have to agree on a timeframe for exercising the option and completing the purchase as directed by the testator. One executor may want a long timeframe and the other a reasonably short timeframe. That is something they will have to negotiate between themselves.

As I stated in reply number 15, it would have been better if the will included these two timeframes.

[FONT=Verdana, sans-serif]Yes I agree with you the parties will have to negotiate a timetable and I imagine a test of reasonableness from both sides can be implied.[/FONT]

Donury236

We finally had the house valuation done! Seems that you REALLY need to keep chasing when its to do with estates as onbiously not a time imperative thing.
I spoke to the mortgage advisor re options, and given that as both sole executors and beneficiaries we can amend how the will plays out, and basically we can likely get a mortgage, however, they said that until my partners name is on the deeds (as he is paying the mortgage as he is the wage earner) then my sister will not get any money - Even if we manage to port over and increase our current mortgage.
So he agrees I need to try and talk to my sister about coming to an agreement outside of the will, though once we have an official meeting with him and work through everything then I will have a qualified persons view to present to her.

Sis needs the cash ASAP as she needs to find another property as her house is up for sale as part of her divorce and she is currently homeless (well, living rent free in my mates house currently).

The reason I was given the option, and that my dad really wanted it, was that there was a joke he made decades ago saying that which ever one of us had kids frist got the house. And I have and he reitterated it as fact repeatedly my eldest was born and this was accepted by my sister. She in fact intimated this to the solicitor as the reason that my partner was NOT to be on the deeds.
She doesn't have an issue with me buying the house, but she doesn't seem to accept that the situation is far from straight forward or that by coming to an agreement we might be able to simplify it.

Unfortunately I cannot afford separate legal advice. Even the cost of the sale of this house will be coming from my share of the estate.