Tenants in Common - Executors dealing with sale of property.

RAS

In which case, it would be a good idea for the executor to get some legal advice, promptly. 

And to download those deeds before speaking to the lawyer.

Zuffy

Thank you again Ras for your advice . We have been a little suspicious for some time about the ways things have been done. Particularly the lack of information concerning the progress of the sale. We will check the deeds as advised, before seeking legal advice.

RAS

And seek legal advice, please.

Zuffy

We will do as you advise Ras. Thank you for being so helpful .

RAS

Have you downloaded the deeds to make sure the restriction is there. That's vital.

Blue_Butterfly

Have you got a copy of the Stepmother's grant of probate and will? These are available to anyone to purchase from the Gov.uk website and only cost £1.50 for both. The grant of probate shows the full details of the Executor/s. Its important to give your solicitor as much information and documentation as possible to keep costs down. 

msb1234

I have just recently sold my late mums house, which was owned as TIC with my stepfather having 20% and a life interest if mum died first - which she did. I was her executor and also a beneficiary of her estate.
As my stepfather has advanced dementia and is in residential care, I had to apply for Deputyship in order to sell the property. The solicitor who I engaged also applied for a change of trustee in order for the sale to go ahead. So 2 solicitors replaced my stepfather. 
I had to sign paperwork as the executor and the trustees signed. The same solicitors also acted as conveyancer. Upon completion, my stepfather’s 20% share of the sale went directly into his bank account and I received the remaining 80% to distribute under the terms of the will. 

Zuffy

Thank you Blue Butterfly for your advice. I have obtained a copy of the probate and will.

Zuffy

Thank you for sharing your experience of selling your late mums house. Would I be right in assuming from what you say that   you received your share of the estate from the solicitor who carried out the conveyancing rather than the buyers solicitor .I would be interested to know as I have been told that the buyers solicitor would be responsible for distributing the funds to the relevant estates.

Zuffy

Hi Ras 
I have obtained a copy of the title register from the Land registry. It shows the restriction and it is dated 20/11/2001.