Can I part settle an Estate

Newby2dis

Hi everyone and especially @Buddy9.
 I have received my completed C1 Grant of Confirmation which wouldn’t have been possible without the help of Buddy9. I  have the certificates too. Thank you so much again.

I will be putting a redacted copy on here once everything is settled.
My brother and his wife will take title of Mum’s house and the money in the bank is to be split equally (I am going to wait 6 months) between the siblings. 

My brother is in no hurry to see a Solicitor to to contact my solicitor for the change in title to be put in their names so my question is: Can I settle the money for myself and my siblings if the Title to my brother and his wife is not yet completed? 

Thank you in advance. 

Brie

Not sure about everything but who's paying the council tax and all the other bills before Bro takes the house?  What if he changes his mind or it takes longer than expected?  

Keep_pedalling

You can do a partial distribution but you need to to take into account any expenses that may come about before final distribution. Is anyone living in the house at the moment?

Newby2dis

Hi Brie and Keep-pedalling,
 have informed the Council that no one is living in the house and I believe they will have time before they become liable but not sure how long or if I am correct about that.
The electricity is off but we are still having to pay the standing charges but mum’s account was in credit so it will pay them for another few months.
I was thinking of paying out myself and my siblings except my brother and leave his share in the Executor account so that they can pay the final solicitor bills and any standing charges for the gas and electricity out of their share but I wasn’t sure if that is allowed. 

I don’t want to pressure my brother but at the same time I need to think of my other siblings too.
Does anyone know if I can do that? 

Keep_pedalling

Any expenses for the property from now on should come out of your brother’s share of the residual estate. Delaying the transfer of the property should not negatively impact any of the other beneficiaries.

As executor I would  want the property transferred ASAP rather than have this drag on indefinitely. 

lincroft1710

Newby2dis said:

 have informed the Council that no one is living in the house and I believe they will have time before they become liable but not sure how long or if I am correct about that.

Most councils no longer give CT exemption for empty properties and after 1 April will charge double if a property remain unoccupied and substantially unfurnished for more than 12 months

Newby2dis

Thanks to you all for your help. I am very grateful to you all. 

Newby2dis

Scottish Estate. 

Hi everyone, I am now at the six months point and although I saw a solicitor in February and explained to my brother that he and his wife (they inherit the house) need to go to a solicitor who then liaises with my solicitor to change the title deeds into his name. They have only just started the process in May. 

I emailed my (as executor) solicitor yesterday to see if there was any update and she said she hadn’t received anything back from them but would chase. 

Given that six months has now passed, can I legally part settle the estate (monetary) for myself and my two siblings and leave my brother’s share in the Executor account until the title deeds are transferred into their names.
I got exemption from the Council tax but it will be up soon and the credit sitting in the gas and electricity will pay one more month so after that they will be chasing me I assume for both the Council Tax and electric and gas.
As this is all house related I feel it’s only right that it comes out of my brother’s share. 

Any help on my legal status would be much appreciated. 

poseidon1

Newby2dis said:

Hi everyone, I am now at the six months point and although I saw a solicitor in February and explained to my brother that he and his wife (they inherit the house) need to go to a solicitor who then liaises with my solicitor to change the title deeds into his name. They have only just started the process in May. 

I emailed my (as executor) solicitor yesterday to see if there was any update and she said she hadn’t received anything back from them but would chase. 

Given that six months has now passed, can I legally part settle the estate (monetary) for myself and my two siblings and leave my brother’s share in the Executor account until the title deeds are transferred into their names.
I got exemption from the Council tax but it will be up soon and the credit sitting in the gas and electricity will pay one more month so after that they will be chasing me I assume for both the Council Tax and electric and gas.
As this is all house related I feel it’s only right that it comes out of my brother’s share. 

Any help on my legal status would be much appreciated. 

It would assist others ( who are largely familiar with English rules) that you are referring to a Scottish estate administration matter. Your previous thread below would also assist in eliciting more informed responses -

https://forums.moneysavingexpert.com/discussion/6583822/about-to-send-c1-form#latest

Newby2dis

Thanks Posidon1. 

Yes, it is a Scottish estate. Should I start a new post? 

RAS

No, much better to ask the admins to combine this thread with your old one, so people can see all the details.