Is a power reserved executor still a Trustee ?



  • doodlingdoodling Forumite
    432 Posts
    100 Posts First Anniversary Name Dropper

    I don't really think there is much point in debating the finer legal points with your brother's solicitor, certainly not if you are employing your own solicitor to do so.  Until there is actually a court case they don't matter.  I would go further and say that the discussion about the rights of a non-executor trustee are a smokescreen to hide what he really wants because even if he is right and he does have the power to interfere in the sale, he still has an obligation (as a trustee!) to get the best price whilst doing so and (hopefully) you can demonstrate that the sale process you followed has done that - so what is he asking to be different?

    You are the executor, you have agreed the house sale at a price which (presumably) is a fair one.

    Your brother can realistically do one of two things:
    1. Sue you after the sale has taken place because you didn't get a good enough price.
    2. Take legal action to stop the sale taking place (presumably on the basis that the sale is at under-value because a reason of "I was not consulted" will result in a discussion about what he would have said if consulted and if that was "I want to sell the house to a mate on the cheap" then I don't rate his chances in court).
    In both cases there isn't really any benefit in worrying about the detail because the detail will only become clear when you get a letter before action containing it.  You will not be punished in any way for proceeding with the sale, this is all about civil law.  The worst that can happen is that you and your brother will spend a load of money on lawyers reducing your joint inheritance (and whatever you do won't change that, it will be his decision whether or not to go to court) and in the absolute worst case you pay a small amount of compensation because he could have got a little more money for the house.

    I would press on with the sale (briskly!).
  • Keep_pedallingKeep_pedalling Forumite
    11.6K Posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    I am really surprised he actually let you obtain probate on your own in the first place.

    I would simply carry on with the sale, and liquidating all the other assets. He does not have a legal case against you and chances are that this is all bluff, it will cost him a small fortune to actually take this to court.
  • getmore4lessgetmore4less Forumite
    46.2K Posts
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If you knew he was a control freak would have been better to get him to  renounce

    Power reserved allows unreserving the power and getting fully involved.

    Check out how simple and quick that could be.

  • SmithySueSmithySue Forumite
    6 Posts
    First Post
    thanks guys. As has been said earlier the High Court has given me the authority to manage the assets, he has none, I can't control what he does and I will not be blackmailed by the threat of Court so I will carry on and if he issues .. I'll have to deal with it ..
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