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Probate Conflict of Interest in house sale?
morrismen
Posts: 16 Forumite
My wife and her brother have inherited a property in England which is on Probate with a Solicitor. It has remained with the Solicitor for nearly 1.5 years because of various DWP assessments and legal duties to be fulfilled, all of which were unfounded and the probate was eventually straight forward - 50/50 to both parties. The deceased house was part of the Probate and inheritance.
The property is effectively owned by the Probate Solicitor until it is signed over to both parties in the Will and is held as such for when it is sold.
The Zoopla estimate for the house was £378,000 last month. The property was originally listed for sale at £380,000 in July 2020, and then was dropped to £370,000 in September 2020 to acquire more potential buyers. This worked with 7 viewings. There was one offer only though.
A Receptionist had allegedly spotted the house for sale in an Estate Agent and subsequently made 3 offers after viewing separately as Husband and Wife (with children). A third offer of £362,500 was accepted by both inheriting parties.
The day after, the Estate Agent declared to both inheriting parties that the Receptionist who made the offer worked at the Probate Solicitor.
The Receptionist allegedly declared in a Conveyance request, and was apparently then advised by the Probate Solicitor and the Conveyancer for the firm to find another independent Solicitor (out of the Receptionist's Solicitor's workplace) for her own Conveyancing work on the property. The Probate Solicitor however would work with the independent Solicitor in the process to sell the property to her.
So the key questions here.
- Is there a potential "Conflict of Interest" where the Receptionist works at the Probate Solicitor who currently holds the property in Probate?
- Am I missing something here where this could be very challenging for both inheritors to legally justify the house sale when it's already been declared as a potential Conflict of Interest by the Estate Agent and by the Receptionist to the Probate Solicitor?
- Is it legal for the Receptionist to actually purchase the property in Probate at the firm she works for using another independent Solicitor for her own conveyancing?
- If the house were sold, could such a legal issue or case be used to disinherit the property from both inheriting parties as joint owners in the Probate?
- Should both inheriting parties go ahead, or advise the Estate Agent to find another buyer? Or even find another Estate Agent?
It's tricky when it's your own loved ones facing such unusual challenges in the English Legal system.
Any advise appreciated here.
Thanks all.
The property is effectively owned by the Probate Solicitor until it is signed over to both parties in the Will and is held as such for when it is sold.
The Zoopla estimate for the house was £378,000 last month. The property was originally listed for sale at £380,000 in July 2020, and then was dropped to £370,000 in September 2020 to acquire more potential buyers. This worked with 7 viewings. There was one offer only though.
A Receptionist had allegedly spotted the house for sale in an Estate Agent and subsequently made 3 offers after viewing separately as Husband and Wife (with children). A third offer of £362,500 was accepted by both inheriting parties.
The day after, the Estate Agent declared to both inheriting parties that the Receptionist who made the offer worked at the Probate Solicitor.
The Receptionist allegedly declared in a Conveyance request, and was apparently then advised by the Probate Solicitor and the Conveyancer for the firm to find another independent Solicitor (out of the Receptionist's Solicitor's workplace) for her own Conveyancing work on the property. The Probate Solicitor however would work with the independent Solicitor in the process to sell the property to her.
So the key questions here.
- Is there a potential "Conflict of Interest" where the Receptionist works at the Probate Solicitor who currently holds the property in Probate?
- Am I missing something here where this could be very challenging for both inheritors to legally justify the house sale when it's already been declared as a potential Conflict of Interest by the Estate Agent and by the Receptionist to the Probate Solicitor?
- Is it legal for the Receptionist to actually purchase the property in Probate at the firm she works for using another independent Solicitor for her own conveyancing?
- If the house were sold, could such a legal issue or case be used to disinherit the property from both inheriting parties as joint owners in the Probate?
- Should both inheriting parties go ahead, or advise the Estate Agent to find another buyer? Or even find another Estate Agent?
It's tricky when it's your own loved ones facing such unusual challenges in the English Legal system.
Any advise appreciated here.
Thanks all.
0
Comments
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Is the £360k the right price for the property? I am not sure that a clear conflict is established and maybe the best thing is to get the sale done and bring closure after 2 years.0
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If you are happy with 360 then go ahead, am sure that the receptionist understands the system well enough to know that there needs to be two different solicitors for the vendor and the purchaser - the fact that she works for one of them is just one of those things0
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You're going completely OTT. Be grateful you have a sale in prospect and get on with it.0
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It does not sound like there is a glut of buyers out there for it, and house is only worth what someone is willing to pay for it not some guesstimate on Zoopla. I would just want shot of it after all that time and the offer price does not sound unreasonable in the circumstances.1
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If the beneficiaries believe it is worth more they could ask for the property to transfered to them and sell it themselves.
2 -
Having the purchaser work at a solicitors' practice, albeit the one selling the property, might reduce the legal bill as the usual "stupid" questions about house-buying process and duration can be asked and answered informally rather than formal letters which take days and money.:heartpuls Mrs Marleyboy :heartpuls
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2 -
Thank you for all the responses. It is good to see this MSE forum is working so well to get feedback and conversation happening. Currently being in isolation with COVID19, the time to ask others has been useful, all be it that the actual Legal issue of whether a person from the Probate Solicitor is acting ethically is perhaps more of a dilemma to review further.0
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As they have been totally open about the buyer’s connection I don’t really see that there is any dilemma or any question that anyone is acting unethically.morrismen said:Thank you for all the responses. It is good to see this MSE forum is working so well to get feedback and conversation happening. Currently being in isolation with COVID19, the time to ask others has been useful, all be it that the actual Legal issue of whether a person from the Probate Solicitor is acting ethically is perhaps more of a dilemma to review further.0 -
I could understand there being an issue if the house had not been on the open market, but as that’s not the case then I’d say focus on the offered price not who is doing the offering. The Zoopla price estimate is just that, an estimate - no better or worse than an EA suggested marketing price. All that really matters is the offer on the table and whether the beneficiaries are happy with it. As already mentioned, they could inherit the house itself and then sell it themselves - but who knows if they’ll get any more that way. Might even get less. No one seems to be hiding anything so I can’t see any ethical problem.0
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