Land Registry overreaching Trustee

Fluffybunny22

Hi, any advice most appreciated. 

My mum passed away approximately 7 months ago. We were not expecting her to pass as suddenly as she did. She was a young mum and her partner was only a few years older than me. 

A few weeks before she passed, mum shared that her partner had been trying to get her to agree to being removed from their mortgage, get married or rip up the deed of trust that is in place. He also attempted to prevent her from making a Will. I gave him an ultimatum that he support her to make a Will, otherwise, I would. He chose the firm (one he works with) and mum
was able to get this done. His behaviour continued to get worse after this was done but I don’t have space or the energy to go into that. 

Despite his behaviour, I included him in the funeral. Following this he instructed a contentious probate solicitor and threatened to contest the Will. Mum put a large deposit down on the house they have a join mortgage snd tenants in common. There is a deed of trust reflecting the Will. This states her deposit is protected via a percentage then the remaining net value is shared between him and her beneficiaries. 

He has refused executors entry to the home. Emptied it I of all contents before probate. Refused to allow collection of items set out in the Will. 

He has now changed solicitors and removed mums name from land registry. He is legally able to do so. He has put the house up for sale without consulting the executors snd refuses to include them in any discussions regarding the property. He has refused a cash offer and reduced the price after only a few weeks. He has marketed it with an agent who doesn’t really manage properties of this type. He has advised he will overreach despite probate being granted. Land registry don’t seem to care. He has a significant less financial interest than the beneficiaries. 

We do not have faith that he will form a trusteeship in the best interests of the beneficiaries and his actions prove our concern. Is there anything we can do? I feel so lost. 

Many thanks 

xylophone

Have the executors instructed a solicitor? 

https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

Marcon

I think you're over-estimating what people on this site can do, especially without sight of any relevant documents, full background information etc. 

Definitely one where you need to take proper legal advice - and soon.

I've asked for this thread to be moved to the more appropriate board: https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

LHW99

Is he sole executor? If not he cannot take over sole responsibility for settling the estate unless any other executor(s) have agreed to step aside.

Fluffybunny22

Hi. Mum instructed a solicitor as executor alongside a family member. Family member trying but solicitor doesn’t  seem to be taking any action. 

Mums partner is not an executor but can over each as on the land registry title. 

Marcon

Fluffybunny22 said:

Hi. Mum instructed a solicitor as executor alongside a family member. Family member trying but solicitor doesn’t  seem to be taking any action. 

Mums partner is not an executor but can over each as on the land registry title. 

Time for family member to make a formal complaint to the solicitor's firm. 

squirrelpie

I don't know much about this subject, but I just found https://trustsdiscussionforum.co.uk/t/land-sale-without-probate-overreaching-trust/13892 which leads me to wonder why the partner is appointing a probate solicitor? He's not involved in the distribution of the estate except as a beneficiary. Equally, he and the other trustee are the only people who should be involved in the sale of the house.
So maybe there's nothing for the executor solicitor to do yet? It sounds like there's a lack of communication between the executors. The family member should express their concerns to the solicitor and receive an explanation from the solicitor. I don't think the solicitor has done anything wrong to justify a complaint yet.

xylophone

He's not involved in the distribution of the estate except as a beneficiary. Equally, he and the other trustee are the only people who should be involved in the sale of the house.

The partner was a tenant in common of the property.

Read link in my post above,

westv

Marcon said:

I've asked for this thread to be moved to the more appropriate board: https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

That makes sense if/when it happens.

squirrelpie

xylophone said:

He's not involved in the distribution of the estate except as a beneficiary. Equally, he and the other trustee are the only people who should be involved in the sale of the house.

The partner was a tenant in common of the property.

Read link in my post above,

Yes, I agree. I don't understand what you mean by your comment?

xylophone

I don't understand what you mean by your comment?

I was just emphasising the power that the partner has as the surviving tenant in common.