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Conflicting info RE Probate and possible contested Will?

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  • doodling
    doodling Posts: 1,263 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    edited 8 October 2021 at 3:50PM
    Hi,

    If you are saying that there are two executors who do not agree with each other then my advice would be to find somewhere else.

    At least if it is an argument between executor and beneficiaries then you still have just the single executor dealing with the house sale and at least they will know what is happening, even if progress is slow.

    In this case if there are two executors who disagree then you are effectively trying to negotiate a house sale with someone with dual and conflicting personalities.
  • roxhas123
    roxhas123 Posts: 30 Forumite
    Second Anniversary 10 Posts Name Dropper
    doodling said:
    Hi,

    If you are saying that there are two executors who do not agree with each other then my advice would be to find somewhere else.

    At least if it is an argument between executor and beneficiaries then you still have just the single executor dealing with the house sale and at least they will know what is happening, even if progress is slow.

    In this case if there are two executors who disagree then you are effectively trying to negotiate a house sale with someone with dual and conflicting personalities.
    We are looking and have seen some houses that are definitely options.
    Im just now worried about the monies we are going to loose if we do choose another house. We have paid for a survey, have a mortgage offer so admin fees for that and more than likely get charged for advice should we go to our mortgage advisor again.
    I am so angry. How can people play with peoples lifes like this and think its okay?
    We have been crazy patient, work needs to be done on the house but happy to pay for it from our own pocket, not deduct money of the price because as mentioned, i know one of the Vendors and felt for them loosing their Mother. 
    Doesnt pay at all to be kind!
  • MovingForwards
    MovingForwards Posts: 17,147 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    Depending on your mortgage lender it should be a simple case of swapping to the new property, having a survey and waiting for the new offer.

    Speak with your broker to find out what the process is.

    As others have said, contact your solicitor, put everything on hold and ask what their process and costs would be for swapping to a different property.

    EAs are notorious for not knowing the sale / purchase procedure and do make it up as they go along.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Once the sale is agreed on a new property, just speak to your solicitor. The EA works for the vendor and to be honest only goes off what they are told. And speaking to family members or the vendor can open a can of worms.

    Your solicitor is who you are paying and who will give you factual advice. It doesn't matter what EA / vendor says, if your solicitor hasn't authorised it, checked it, logged it etc it means nothing. 
    Forty and fabulous, well that's what my cards say....
  • badger09
    badger09 Posts: 11,568 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    @roxhas123

    You keep talking about the 'vendors'. 

    You need to establish who the Executor(s) are, as they are the only people able to sell the property once Probate has been granted.



     


  • @badger09
    and how can I find this out? My solictors just said one has agreed to proceed with the sale but the other hasnt.
    I am refusing to speak to the EA now because of all the rubbish theyve told me so far and totally mislead me with this whole sale. When this whole journey began as far as i knew it was just 1 family member dealing with it all and she was the sole executor, but as the months have rolled on it seems certain information has come out the woodwork and its just a mess.
    I viewed a house Saturday, waiting to see if the offer has been accepted.. If it has this awful experience will be over.
  • badger09
    badger09 Posts: 11,568 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    roxhas123 said:
    @badger09
    and how can I find this out? My solictors just said one has agreed to proceed with the sale but the other hasnt.
    I am refusing to speak to the EA now because of all the rubbish theyve told me so far and totally mislead me with this whole sale. When this whole journey began as far as i knew it was just 1 family member dealing with it all and she was the sole executor, but as the months have rolled on it seems certain information has come out the woodwork and its just a mess.
    I viewed a house Saturday, waiting to see if the offer has been accepted.. If it has this awful experience will be over.


    One what?





  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    You might want to reconsider refusing to speak to the Estate Agents full stop.
    In the last 12 months I refused to speak to 1 but there were 2 in the office dealing with the development and I informed the other one I was happy to talk to him but not his colleague (bullying behaviour, demanding we overrule or solicitor, having a goal us because our solicitor wanted answers to their queries)
    Currently dealing with one who is a complete door knob but we haven't needed to talk much to him and our queries are with a colleague of his (same company, different area).
    A lot of them talk a load of tosh but they can be good if you want to speed up in other areas etc.
    May you find your sister soon Helli.
    Sleep well.
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