Scotland: solicitor letter from beneficiary saying I've to put house on market

john110375

Background, I'm executor for an estate which includes a house. The house was occupied until last year by a liferent who has now left. (The house is in an unlivable state, roof leaking, hole in ceiling, carpets wet). One beneficiary lives abroad and has been trying to get across to view house, the other beneficiary lives local. The local one sent me a solicitor letter saying I had to put the house on the market or the other beneficiary has to buy him out and if I don't they are going to raise a court action. Is it my role as the executor to put the house on the market?? This is Scotland btw, thanks for any help.

Linton

It is your role as an executer to give the the benficiaries exactly what they are entitled to under the will in the best (eg fastest, minimal tax/charges, maximum value, etc) possible way.  The exact wording of the will is important.

If that is to sell the house now as is, then yes it is your duty to do it.  If there is doubt in your mind as to how to do it you could get the views of the other beneficiary.  Obviously he/she cant be forced to buy out the complaining beneficiary.

If either of the beneficiaries dont like what you are doing, or not doing,they can ask the courts to replace you as executor, to the possible great expense of all concerned.

Keep_pedalling

Does the will say anything about the house or does it just say the estate is to be divided 50/50? If the latter you just need to get the thing sold ASAP.

john110375

Thank you to you both, I didn't realise that it was up to me to sell the house on their behalf, i thought it's something that they would do after the liferenter moved out. I was happy waiting on the one who lives abroad to come across before doing anything else, they don't want it sold so what do I do there?

Also the local complaining beneficiary has been going to the house and burning the sheds and shed contents, I have messaged them to say that they shouldn't be doing that because its not just their stuff they are burning but they keep doing it, any advice how to deal with that?

The will states estate which includes the house.

buddy9

Given your previous posts, the situation may have some complexity.

If you accepted the role of executor, then you should have obtained a grant of confirmation for the estate. Without it, the house will not be able to be sold.

If there was a trust liferent in place, then the will should have nominated one or more trustees to oversee the trust. On the expiry of the liferent the trustees should deal with the sale or transfer of the house to the beneficiaries. Are you a trustee of the will trust? Are you also a beneficiary? Do you have a grant of confirmation?

john110375

The liferent didn't have a trust, they took their legal rights and left. Yes I have confirmation.

buddy9

Cannot be certain, but unless the will says otherwise it looks like you should arrange to sell the house and split the estate proceeds (less costs) between the beneficiaries.

Savvy_Sue

buddy9 said:

Cannot be certain, but unless the will says otherwise it looks like you should arrange to sell the house and split the estate proceeds (less costs) between the beneficiaries.

And if the 'abroad' beneficiary wants to buy it, then they need to get over here pdq and make an offer. You, meanwhile, can start getting valuations etc (or doing whatever needs doing in Scotland prior to selling a property). 

Savvy_Sue

john110375 said:

Also the local complaining beneficiary has been going to the house and burning the sheds and shed contents, I have messaged them to say that they shouldn't be doing that because its not just their stuff they are burning but they keep doing it, any advice how to deal with that?

Can the grounds / garden be secured? Any locks could be changed, and no key given. 

A message may be a bit informal: do you have a solicitor involved? You may need a letter setting out that the property and its contents have been left jointly, and they should keep off. HOWEVER, they may be very frustrated by nothing happening! 

john110375

Thank you. Unfortunately I gave a key to the local one obviously not realising that they would destroy sheds and the contents given that they are not just his.     
I stopped using the solicitor after confirmation and after the liferenter moved out. I thought that the house was now the beneficiarys to empty out and prepare for sale? I didn't realise that it was up to me but I will get on with it now.

Should I use a solicitor to reply to the local beneficiarys solicitor or should I just respond myself stating that I'll put the house on the market asap? And ask the local beneficiary to stop destroying and burning what isn't his?

Linton

Even if it was decided that the beneficiaries together should inherit the house it would still be your responsibility to  legally transfer ownership.  While the house is still legally owned by the estate it is your responsibility as executor to ensure the value of the house is protected.  eg is it insured?