Uncooperative Joint Executor

pimento

My husband's mother died last summer and left a straightforward will.  Her three children were to inherit everything in equal shares.  One child lives abroad and the other two (including my husband) are joint executors.

My husband applied for and got probate very quickly, it was a small estate made up of some money in a bank account (less than £20k) and a flat valued for probate at £220k.

Unfortunately, his sibling is being unnecessarily obstructive regarding the process and with the arrangements for the sale of the property and is now prevaricating and delaying the sale process.  It doesn't help that we live several hours away from the property and his sibling lives much nearer and is enjoying spending time at the flat. She is also insisting on being consulted on even the smallest things. 

I understand that it's probably too late for my husband to revoke his executorship as he applied for the grant of probate and is using the residuary funds to pay the bills (council  tax etc.) Is there anything he can do to compel his sibling to act?  Can he do it without her? Anyone else had the same problem and is there an easy solution?

Keep_pedalling

Did the sibling revoke their powers or hold them in reserve so your husband could apply for probate on his own?

pimento

She has reserved powers.

Keep_pedalling

As your husband is the only person named on the grant of probate he has sole power to sell the property and she does not have to be consulted although it would be best to keep her updated. 

Sea_Shell

pimento said:

My husband's mother died last summer and left a straightforward will.  Her three children were to inherit everything in equal shares.  One child lives abroad and the other two (including my husband) are joint executors.

My husband applied for and got probate very quickly, it was a small estate made up of some money in a bank account (less than £20k) and a flat valued for probate at £220k.

Unfortunately, his sibling is being unnecessarily obstructive regarding the process and with the arrangements for the sale of the property and is now prevaricating and delaying the sale process.  It doesn't help that we live several hours away from the property and his sibling lives much nearer and is enjoying spending time at the flat. She is also insisting on being consulted on even the smallest things. 

I understand that it's probably too late for my husband to revoke his executorship as he applied for the grant of probate and is using the residuary funds to pay the bills (council  tax etc.) Is there anything he can do to compel his sibling to act?  Can he do it without her? Anyone else had the same problem and is there an easy solution?

Are they getting too cosy in there, or are they just keeping an eye on an unoccupied property.

How are they delaying the sale process?  Will they refuse viewings?

Keep_pedalling said:

As your husband is the only person named on the grant of probate he has sole power to sell the property and she does not have to be consulted although it would be best to keep her updated. 

This.

Flugelhorn

Is the property being advertised? - I think the single executor just has to get on with the selling process.

Sibling might be finding it hard to move on and appreciate that the flat (and the feeling that mother is still around) will not be there in the future  - but they can't carry on doing this forever , they have to let it go. 

pimento

Thanks all.


In an effort to keep her on side, husband has been trying to keep her involved. The estate agent has been to meet them both and she agreed to instruct him "in a couple of weeks" citing how busy she is so the property isn't yet on the market and no photographs have been taken. That was to be her job although husband would be happy to visit the property alone he doesn't want to alienate her.
When it does finally go on the market they intend to leave the key with the agent for viewings.

She isn't living there but visits for days at a time. It's in a nice part of the country and it's where they all grew up so I don't doubt that she's grieving.

Keep_pedalling

She can’t instruct the agent only your husband can do that. Her using it as a holiday home is likely to mean that there is no exemption from council tax.

Malthusian

"Days at a time" may not quite be living there but it certainly is using it as a holiday home. 

As per KP she can't instruct the agent, that's your husband's job. How busy she is doesn't matter as there is nothing she needs to do. Surely the agent can take photographs.

It makes sense to keep her in the loop, as she can unreserve her powers and be a nuisance if she wants (although it requires another application to the Probate Registry). But updates should be of the format "I am going to do this now", not "Shall I do this now?" 

pimento

Thank you for all your replies.

Assuming we could afford to and could get the third (non executor) sibling on side, what are the implications of my husband and sibling buying the property and giving the uncooperative sibling her expected share and then selling the flat?  I know we'd be done for two lots of conveyancing fees but are there other things to consider like CGT etc?

Husband really doesn't want to irrevocably spoil their relationship but the process is making him very stressed. 

RAS

If you already own a property, this purchase would attract higher rate SDLT. Although if it's sold on within three years, you can reclaim.

CGT would be payable on any increase between the date of death and sale, although there is a possible 9 months rental relief (assuming sibling rents it).