Executor/joint beneficiary wanting to buy property

Garnachko

Hello my sister who is executor of my late mom estate is wanting to buy property we both inherited. I do not wish to sell to her privately and wld like property to go on open market ( it's complicated relationship!,).
Can someone plse advise how/ if I can do this, she has been ordered to sell both properties on court order but is delaying and if I shld apply to become named executor(I have power reserved) thanks. Unknown to me she has already transferred the property into her name in the title deeds , apparently land registry were content for this to happen given she had grant of probate and is executor!

silvercar

Paging @Land_Registry for opinion on your latter point.

Land_Registry

Garnachko said:

Hello my sister who is executor of my late mom estate is wanting to buy property we both inherited. I do not wish to sell to her privately and wld like property to go on open market ( it's complicated relationship!,).
Can someone plse advise how/ if I can do this, she has been ordered to sell both properties on court order but is delaying and if I shld apply to become named executor(I have power reserved) thanks. Unknown to me she has already transferred the property into her name in the title deeds , apparently land registry were content for this to happen given she had grant of probate and is executor!

Taking the last point first - if probate has bene obtained then that provides the executor(s) with the legal authority to deal with the deceased's estate. If the property was solely owned by you Mom then it forms part of her estate. 
An executor can transfer the legal ownership, which we register, into their name and in the role of executor - I assume that's what your sister has done and that's all above board. Not only does it update the register re the sad death of you Mom but also registers her as the executor on the title.
Most estates are dealt with and properties sold or transferred to actual beneficiaries and without first registering the executor on the title. But that's all very much up to the executor and it's possible she felt that it was something she should/could do whilst the 'complicated relationship' and more was resolved
A court order is usually quite clear - it is ordering the named person(s) to do something. If they then don't do it you usually go back to court as they haven't done as ordered.
You can't sell the property as you don't have the legal authority (probate in your name) to do so. Your focus it seems should be on ensuring that your sister, as executor, does as the court orders. And I would recommend seeking legal advice as to the options and process of going back to court - is there for example an 'acceptable timescale' whereby the order should be complied with and what does the order specifically state as putting the houses up for sale and actually selling are two separate things

Garnachko

Thank you for replying.
Re the property deed and transfer into her name, I agree with what you have said apart from point that the deeds do not show her as executor, but she has confirmed the property is held on trust.In terms of background she also then transferred into her children's names and i had to go to court for thiz to be reversed hence the ' complicated rship'; land registry were no help to me I'm afraid

Re the court order, it has been 6 months , the order states the properties needed to be sold on open market. I agree an option is to go back to court to enforce this, but my recent experience suggests even if i get court to do thus there is no certainty i will be able to reclaim costs.

Land_Registry

Garnachko said:

Thank you for replying.
Re the property deed and transfer into her name, I agree with what you have said apart from point that the deeds do not show her as executor, but she has confirmed the property is held on trust.In terms of background she also then transferred into her children's names and i had to go to court for thiz to be reversed hence the ' complicated rship'; land registry were no help to me I'm afraid

Re the court order, it has been 6 months , the order states the properties needed to be sold on open market. I agree an option is to go back to court to enforce this, but my recent experience suggests even if i get court to do thus there is no certainty i will be able to reclaim costs.

Thanks for the further information and clarification re how the property was transferred into her name and then to her children's names also. 
Such a complication would not involve us with regards trying to resolve/unravel it for you as that would be a legal issue between you as a beneficiary and her as the estate's executor plus who the beneficiaries were re the estate. Hence your needing to go to court to get the order you did.
If the property is to be sold I would expect that to now be down to whoever is registered as the legal owner. From your post that appears to be the children.
The issue re returning to court and costs is again not something we can advise on so will leave that to others to post from own experiences
I hope you are able to resolve matters 

gwynlas

Given housing market and timescales regardless of complicated relationship I would allow her too purchase at realistic market rate.

This would save the estate the cost of EA fees, council tax maintenance etc until proerty sold on open market

Hoenir

 but my recent experience suggests even if i get court to do thus there is no certainty i will be able to reclaim costs.

Something to discuss with your legal advisor.