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Residuary estate & property of interest between executor and other beneficiaries.

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Comments

  • xylophone
    xylophone Posts: 45,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your father owns his home outright?

    I wonder whether you might consult a solicitor to discuss the possibility of transferring  your grandfather's house to your father's sole name immediately against  the registration of a first charge in favour of you and your sisters on his existing property for the sum that is due to you?

    You might also enter into a legally binding agreement that your father's house would be marketed within a certain number of months from the date of the agreement.

    The responsibility of maintaining the  inherited property then falls on your father.

    This would enable the bulk of any cash in the estate and any other assets to be transferred to you and your sisters straightaway?


  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The starting point seems to be the situation you would all be in if the property were sold on the open market - how soon would you get your money, how much would you get and what upkeep would be paid for? My understanding is the executors have a duty to act in the best interests of all beneficiaries - which can lead to difficulties trying to calculate how a benefit to one balances a loss to another. However, if all the beneficiaries are adults and choose to benefit your father by waiting or accepting a lower price then that can be done, but it seems to me a matter for your father asking and being appreciative, not demanding.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • GreyMaze
    GreyMaze Posts: 6 Forumite
    First Post
    Thank you all! Really useful advice to take forward.
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