I'm an executor and a beneficiary, can I change my mind after agreeing to distribution of estate?

Norman_Castle

I wouldn't care about the storage, tv licence or council tax. Get an independent property valuation and justify to yourself if other items values are worth arguing over. It might be 200 miles away but if visiting when needed is potentially worth thousands its worth doing.

Snuggles

Only you can decide if it's worth it to you to delay everything, risk your brother being even more obstructive, and all the stress that will go with it, for the sake of a few £k. If it was me, I wouldn't. I would want to just get it sorted as quickly as possible, the estate distributed, and then cut the other person out of my life. You are still due to receive a significant inheritance which would be a life changing amount of money for many people. I would try not to lose sight of that whilst squabbling over a few £k, no matter how unfair it might seem.

However what I would want to be 100% certain of before any transfer of property (and I presume this will already have been confirmed, given there is a solicitor involved) is that there is definitely enough cash and other assets for you to receive your share from the estate once all costs are paid. 

RonsDaughter

xylophone said:

How much more will you have to spend on legal fees if you proceed with the dispute?

I have no idea! Its one of my concerns.

CIS

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

RonsDaughter

Manxman_in_exile said:

RonsDaughter said:

Marcon said:

RonsDaughter said:

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I believe the estate to be worth £15000-£20000 more that it was valued at, otherwise I would cut my losses and move on. As the house has not yet been transferred into his name, can I ask the solicitor to suspend proceedings as I wish to re-evaluate my agreement in view of what I have found out in the last coupe of days? And can I insist on changing to the current market value of the house and contents?

If not, are there any other avenues I can use after the estate has been settled? ie suing him for monetary losses? I'd be grateful for any insights! Thank you

Not clear if the solicitor is acting for you personally or for both executors, but given the grief you've had so far, legal advice would be your best way forward, not least because the solicitor can then act as intermediary.

The solicitor is acting for us both and a 3rd executor who is a solicitor at the same firm...

A question for others contributing to this thread: if there is a third executor (acting in a professional capacity as a solicitor) shouldn't the OP be able to put pressure on them to act appropriately re the undervaluation etc of the estate property?  Surely if there is a professional executor involved they are jointly responsible (legally and professionally) with the others to ensure that the estate is valued and distributed fairly between the two beneficiaries?  They can't just sit on their hands if the brother's conduct is brought to their attention, can they?

(I'm talking more about the undervaluation rather than whether the brother is living there or storing stuff there.  I wouldn't be too worried about that unless the insurance is affected or he should be paying rent)

Solicitor said don't accept less than probate value but I accepted bro's offer of £5k less than probate valuation in order to stop him arguing. He initially offered 20k less. Wasn't aware of other issues at the time, so feeling a bit hard done by!

theoretica

Norman_Castle said:

I wouldn't care about the storage, tv licence or council tax.

Exactly - they are annoyances, and may have lost your good will, but they are not substantive things to dispute.  The value of the house is.

RonsDaughter

CIS said:

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

Thanks for your insights! May I please ask about "Predominantly residential"... He uses both houses to store goods for his market/car boot business, not just a small part such as an office desk in a spare room. His own house and 2 garden sheds are piled high with goods and he has filled what space he could at mother's house. He refuses to rent storage space as normal people do. I don't understand why he is allowed to take advantage like this.

Snuggles

RonsDaughter said:

CIS said:

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

Thanks for your insights! May I please ask about "Predominantly residential"... He uses both houses to store goods for his market/car boot business, not just a small part such as an office desk in a spare room. His own house and 2 garden sheds are piled high with goods and he has filled what space he could at mother's house. He refuses to rent storage space as normal people do. I don't understand why he is allowed to take advantage like this.

Why do you care? What are you trying to achieve? Unless this is about insurance concerns, how does it affect you? I understand you are annoyed at your brother's conduct and feel that he has behaved unfairly, but do you really want to stoop to the same level, escalate disputes, and potentially delay winding up the estate? Is it really worth it? 

RonsDaughter

Snuggles said:

RonsDaughter said:

CIS said:

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

Thanks for your insights! May I please ask about "Predominantly residential"... He uses both houses to store goods for his market/car boot business, not just a small part such as an office desk in a spare room. His own house and 2 garden sheds are piled high with goods and he has filled what space he could at mother's house. He refuses to rent storage space as normal people do. I don't understand why he is allowed to take advantage like this.

Why do you care? What are you trying to achieve? Unless this is about insurance concerns, how does it affect you? I understand you are annoyed at your brother's conduct and feel that he has behaved unfairly, but do you really want to stoop to the same level, escalate disputes, and potentially delay winding up the estate? Is it really worth it? 

Have you read the rest of the thread? Bro is trying to line his pockets at my expense. He did the same when my dad died. The extra share I would receive will make the difference between me being able to buy a house or a flat. This council tax issue is another example of his lying and cheating. My brother, who is worth around £1/2 million goes to soup kitchens and food banks pretending he has no money and then sells the tinned food at his car boot sales has to have another few £££'s in his pocket and can't bear the thought that I could possibly move out of rented accommodation and go somewhere nice. THATS WHY I CARE.

Skiddaw1

Trouble is, @RonsDaughter, if he cuts up rough (sounds like a very likely possibility) you're potentially going to lose the financial gains in legal fees (not to mention what it is going to do to your stress levels). Don't get me wrong, it certainly sounds like you have the Brother From Hell and I do get why you're so irritated at his behaviour and I can understand you feeling both bitter and hurt but I honestly think this is one of those situations where walking away is the better option.