Co-executor won’t agree to house sale

Keep_pedalling

susieb4964 said:

Probate has been granted and the house is now in X and Y’s names. Y’s primary motivation is to avoid X getting money, so she’s also unlikely to agree to buy X out, and none of us have the money to buy Y out either.

I did look into having Y removed as an executor, but she’d have to be incapable of discharging her duties through lack of capacity or to have been out of the UK for a set time. She’s been very crafty to come back regularly to see other family members in the UK but hasn’t been to Scotland since my sister’s funeral.

Well that was not the smartest move, there was no need to transfer the property, but now that has been done the estate is basically wound up and distributed, so the dispute is now between the joint owners rather than beneficiaries.

The only way to force the sale is through the courts. Is anyone living there at the moment.

susieb4964

born_again said:

Could X move into the house. If she can, then telling Y, might peak their interest in selling it then. Given their reluctance to sell it at the moment.

In theory, she could. However, the house is in a small village with limited transport links and X doesn’t drive, so it’s not really an option.

FlorayG

susieb4964 said:

Probate has been granted and the house is now in X and Y’s names. Y’s primary motivation is to avoid X getting money, so she’s also unlikely to agree to buy X out, and none of us have the money to buy Y out either.

I did look into having Y removed as an executor, but she’d have to be incapable of discharging her duties through lack of capacity or to have been out of the UK for a set time. She’s been very crafty to come back regularly to see other family members in the UK but hasn’t been to Scotland since my sister’s funeral.

If the house is now in joint names then the house belongs to both of them. Best of luck with that, because that means they are both responsible for the charges against the house, not the estate. Sounds like a mess and if it was me, I would just keep out of it

Phoenix72

susieb4964 said:

Probate has been granted and the house is now in X and Y’s names. Y’s primary motivation is to avoid X getting money, so she’s also unlikely to agree to buy X out, and none of us have the money to buy Y out either.

I'm assuming you mean Confirmation as Probate isn't a thing in Scotland?

Marcon

If ever there was a clear case for qualified legal advice, based on full information, this is surely it.