Powers of an executor?

Blodders78

Hi there, 

I have a query about the power held by an executor. My Dad died in 2019, leaving his share of the parental home to my sister and I, with a life time trust to allow my mother to remain in the house until her death. I was never made aware of any of this by my sister(we are estranged) although I believe an executor is legally obliged to notify beneficiaries about an inheritance? I only know about this as I was able to obtain a copy of his will once probate had been granted.

My mother has died recently and I think, has a mirror image will with my Dad so I expect to inherit half of her half of the property too. So, my sister and I will jointly own our parental home. Can she as the executor sell the house without my knowlegde or agreement?

Many thanks

RAS

It depends on the will. You don't know if mum's will is the same as dad's or if she wrote a new one mean-time. And whether you get a portion of the house, or a portion of the estate. It may well be that the house has to be sold to comply with the will.

Start by getting a download of the deeds from the Land Registry (£3) and check whether a restriction is listed. And set up an alert there as well, it isn't visible to anyone else and doesn't stop a sale, just alert when it's imminent. And get a copy of mum's will once probate is granted.

I'd be more concerned about sister sitting on probate, moving into the house and not selling up. 

Blodders78

No, she defintely won't want to live in the house, having recently moved into a dream house of her own. The family home is worth less than £100K.

Thanks for the Land registry suggestion, I had meant to do that.

Keep_pedalling

If she is the sole executor then she will have the power to sell the property once she obtains probate. She would be silly to do so if you are willing to buy her share at the market rate as that will save her a lot of effort in getting it sold ad she will get her inheritance faster. 

If on the other hand you wanted to keep it in the family under joint ownership and rent it out she would probable foolish not to sell it instead.

Marcon

Keep_pedalling said:

If she is the sole executor then she will have the power to sell the property once she obtains probate. 

Not when part of it already belongs to OP, having been left a share when their father died. 

Hopefully there's a suitable restriction listed at the Land Registry.