Will a probate be delayed if the executor buying out the beneficiary of the property

mumzie12345

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name.  They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?
Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. And the beneficiary wasn't made aware but agreed they could buy his share.
Please help this is causing so many issues withing the family and financial hardship for us

Thank you to the community for your help in advance

Keep_pedalling

The executor can’t do anything with the property without obtaining probate so delaying probate would be pointless. Your partner should insist on getting a professional valuation before agreeing the the value of the sale.

Hoenir

Is the beneficiary struggling to raise the finance? Who is living in the property currently?  Further complication may well be that a CGT liability is going to arise. The property should be transferred/sold at market value not probate value. That way there's no loss of notional interest. 

Marcon

mumzie12345 said:

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name.  They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?
Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. And the beneficiary wasn't made aware but agreed they could buy his share.
Please help this is causing so many issues withing the family and financial hardship for us

Thank you to the community for your help in advance

This sounds a right mess. Some proper professional advice from a solicitor would be a very good idea, or if you really can't afford that, perhaps Citizens Advice?

RAS

mumzie12345 said:

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name. 

So probate has not been granted? And the house has not been registered in the executor's name?

They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?

They need the grant of probate to change ownership.

Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. 

This contradicts what you said in the first sentence.

And the beneficiary wasn't made aware but agreed they could buy his share.

What was the beneficiary not made aware of?

Please help this is causing so many issues withing the family and financial hardship for us

It doesn't seem as if you, your partner and even more importantly the executor understand their rights and responsibilities regarding the house and probate?

You partner needs to write down the facts (preferably get a copy of the will, although they are not entitled to one yet). And get advice from a solicitor.

If the executor isn't managing, once your partner understand the situation, they could offer to help. That might encourage the executor to get a move on. Unless there is some financial or personal reason they prefer to wait. If so, they need to be up front.

mumzie12345

Keep_pedalling said:

The executor can’t do anything with the property without obtaining probate so delaying probate would be pointless. Your partner should insist on getting a professional valuation before agreeing the the value of the sale.

Thank you these things have been done.  I am not sure if the probate is complete but from research I believe that she may have done a variation of the will as both parties agreed.  But has took full ownership of the house without paying.

Keep_pedalling

What did the deed of variation your partner signed say?

mumzie12345

RAS said:

mumzie12345 said:

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name. 

So probate has not been granted? And the house has not been registered in the executor's name?

They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?

They need the grant of probate to change ownership.

Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. 

This contradicts what you said in the first sentence.

And the beneficiary wasn't made aware but agreed they could buy his share.

What was the beneficiary not made aware of?

Please help this is causing so many issues withing the family and financial hardship for us

It doesn't seem as if you, your partner and even more importantly the executor understand their rights and responsibilities regarding the house and probate?

You partner needs to write down the facts (preferably get a copy of the will, although they are not entitled to one yet). And get advice from a solicitor.

If the executor isn't managing, once your partner understand the situation, they could offer to help. That might encourage the executor to get a move on. Unless there is some financial or personal reason they prefer to wait. If so, they need to be up front.

mumzie12345 said:

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name. 

So probate has not been granted? And the house has not been registered in the executor's name?

They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?

They need the grant of probate to change ownership.

Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. 

This contradicts what you said in the first sentence.

And the beneficiary wasn't made aware but agreed they could buy his share.

What was the beneficiary not made aware of?

Please help this is causing so many issues withing the family and financial hardship for us

It doesn't seem as if you, your partner and even more importantly the executor understand their rights and responsibilities regarding the house and probate?

You partner needs to write down the facts (preferably get a copy of the will, although they are not entitled to one yet). And get advice from a solicitor.

If the executor isn't managing, once your partner understand the situation, they could offer to help. That might encourage the executor to get a move on. Unless there is some financial or personal reason they prefer to wait. If so, they need to be up front.

Thank you for your great response.
The house has been registered directly into the executor's name and not both of their names.  She is saying as it's not registered with the land registry that she won't pay the full amount remaining, and my partner the beneficiary only found out yesterday that the house had been transferred directly into the executor's name over a year ago.  Most of the monies have been paid out, but suddenly the executor has decided to stop payments.

I have checked the gov website and no complete probate is showing, but the deceased details are there.  So I assume probate is not complete.

This contradicts what you said in the first sentence.

The beneficiary wasn't made aware of this, but he agreed they could buy his share.

Sorry, I haven't been clear the beneficiary wasn't aware the sale had been completed last year and is now in the executor's name.  Surely the executor should have paid before the completion

What we need to know is does the executor have the right to withhold the rest of the funds and take full ownership. Do we have to wait for the probate to complete?  As from research, I believe there may be a variation of the will made to accommodate the sale by the executor to buy the beneficiary out.

The executor is very wealthy and has used all the correct avenues for herself.  My partner has fully trusted her to look out for him and it does seem that the executor wants everything their way and is being unfair in this matter. Unfortunately, we do not have the money to get a solicitor. But I am determined to learn everything I can in this matter and am grateful for any advice to help

mumzie12345

Marcon said:

mumzie12345 said:

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name.  They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?
Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. And the beneficiary wasn't made aware but agreed they could buy his share.
Please help this is causing so many issues withing the family and financial hardship for us

Thank you to the community for your help in advance

This sounds a right mess. Some proper professional advice from a solicitor would be a very good idea, or if you really can't afford that, perhaps Citizens Advice?

Yes I definitely will thank you

poppystar

mumzie12345 said:

RAS said:

mumzie12345 said:

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name. 

So probate has not been granted? And the house has not been registered in the executor's name?

They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?

They need the grant of probate to change ownership.

Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. 

This contradicts what you said in the first sentence.

And the beneficiary wasn't made aware but agreed they could buy his share.

What was the beneficiary not made aware of?

Please help this is causing so many issues withing the family and financial hardship for us

It doesn't seem as if you, your partner and even more importantly the executor understand their rights and responsibilities regarding the house and probate?

You partner needs to write down the facts (preferably get a copy of the will, although they are not entitled to one yet). And get advice from a solicitor.

If the executor isn't managing, once your partner understand the situation, they could offer to help. That might encourage the executor to get a move on. Unless there is some financial or personal reason they prefer to wait. If so, they need to be up front.

mumzie12345 said:

The executor is buying my partner out of his share of the property and they are delaying the probate as the house has not been registered in their (the executor's) name. 

So probate has not been granted? And the house has not been registered in the executor's name?

They also ;have not fully paid for the property.  Is this right? Can they get the property in their names and not pay for it, before the probate is complete?

They need the grant of probate to change ownership.

Also does anyone know if he can claim interest on the money owed from when the house went into their names over a year ago. 

This contradicts what you said in the first sentence.

And the beneficiary wasn't made aware but agreed they could buy his share.

What was the beneficiary not made aware of?

Please help this is causing so many issues withing the family and financial hardship for us

It doesn't seem as if you, your partner and even more importantly the executor understand their rights and responsibilities regarding the house and probate?

You partner needs to write down the facts (preferably get a copy of the will, although they are not entitled to one yet). And get advice from a solicitor.

If the executor isn't managing, once your partner understand the situation, they could offer to help. That might encourage the executor to get a move on. Unless there is some financial or personal reason they prefer to wait. If so, they need to be up front.

The house has been registered directly into the executor's name and not both of their names.  She is saying as it's not registered with the land registry that she won't pay the full amount remaining, and my partner the beneficiary only found out yesterday that the house had been transferred directly into the executor's name over a year ago.  Most of the monies have been paid out, but suddenly the executor has decided to stop payments.

this is contradictory - either the house is unregistered or it is registered. Have you seen evidence or downloaded a copy of the deeds to say it is in the executors name? If it isn’t registered then that will need to be done before it can be put in anyone’s name. What evidence have you seen to say it was transferred into the executor’s name a year ago?  

I have checked the gov website and no complete probate is showing, but the deceased details are there.  So I assume probate is not complete.

Are you looking at the death registration or the probate listing? If you search for the probate it should be there along with the Will and you can purchase a copy. This will show if probate has been granted rather than completed - getting probate is just the first step to give the executor the authority to act. 


Sorry, I haven't been clear the beneficiary wasn't aware the sale had been completed last year and is now in the executor's name.  Surely the executor should have paid before the completion

Again this is conflicting since you say the executor is saying the property is not registered. You need evidence that this is the case. 

What we need to know is does the executor have the right to withhold the rest of the funds and take full ownership. Do we have to wait for the probate to complete?  As from research, I believe there may be a variation of the will made to accommodate the sale by the executor to buy the beneficiary out.

the beneficiary should have signed any deed of variation so what did they sign? It’s not clear why they would need to do a deed of variation if they are selling their half of the property to the executor. 

An executor may well withhold some funds until probate is completed in case costs or debts arise. 

The executor is very wealthy and has used all the correct avenues for herself.  My partner has fully trusted her to look out for him and it does seem that the executor wants everything their way and is being unfair in this matter. Unfortunately, we do not have the money to get a solicitor. But I am determined to learn everything I can in this matter and am grateful for any advice to help

what you need to do is get paperwork to support all you are claiming then the next step will be clearer and people can give you better advice

So… get a copy of probate and Will from gov.uk
          Check with Land Registry that property is registered and purchase a copy if it is.

neither of these steps are very expensive and will help make things clearer. 

Also find whatever the beneficiary signed so that it can be established if this was a deed of variation or an agreement to sell.

RAS

As long as you use the gov.uk sites, copies of these documents cost £3 each