Applying for joint executorship vs court direction

Garnachko

Hello my sister and i are both named as joint executors in my late mums will. Unknown to me my sister applied for sole probate with power reserved to me  but I am concerned about her delay in dealing with distribution of assets - she is refusing to market the properties and wants to purchase herself but doesn't have the financial means to do so. Relationship are getting very strained and I am considering escalating either via court directions to force sale  and/ or applying for my reserved power to be removed so I become joint executor- any advice pros /cons of either option would be much appreciated ; thank you

elsien

Slightly confused – didn’t you need to agree to your powers being reserved so which bit was unknown to you?

bobster2

In a previous thread you indicated that there was already a court order instructing your sister to sell these properties...

https://forums.moneysavingexpert.com/discussion/6614135/executor-joint-beneficiary-wanting-to-buy-property

Is this not the case?

Garnachko

Yes - she is refusing to sell property or spk to me 

Garnachko

elsien said:

Slightly confused – didn’t you need to agree to your powers being reserved so which bit was unknown to you?

Yes but she didn' inform me despite claiming she did.  There is a simple tick box on the probate application form asking if othere are anyother executors - no evidence is required to show that other executirs have been informed hence she was able to gi ahead with probate application. 

elsien

It would have made more sense to continue this on your previous thread for the full background. Saves repeating questions that have already been answer. 

What has your solicitor advised? Having read your previous thread, this seems to be simply a repetition of the previous questions that you asked. The answers are unlikely to change. 

Keep_pedalling

Garnachko said:

elsien said:

Slightly confused – didn’t you need to agree to your powers being reserved so which bit was unknown to you?

Yes but she didn' inform me despite claiming she did.  There is a simple tick box on the probate application form asking if othere are anyother executors - no evidence is required to show that other executirs have been informed hence she was able to gi ahead with probate application. 

She could only have done this if you simply sat back and did nothing about obtaining probate yourself. In your situation I would have sat down with my co-executor to discuss who was going to do what with the probate application.

As you already have a court order that has been ignored I think the only sensible way forward is to go back to the court. 

Garnachko

Fair elsien said:

It would have made more sense to continue this on your previous thread for the full background. Saves repeating questions that have already been answer. 

What has your solicitor advised? Having read your previous thread, this seems to be simply a repetition of the previous questions that you asked. The answers are unlikely to change. 

Fair enough; I guess I'm just getting frustrated with the process and cant seem to see an end to it without legal expenses - solicitors seem to be quite happy to keep the case live; I have tried reaching out yo her but she is being very stubborn; thanks for replying x

gwynlas

Try telling her that if you have to go back to court or solicitors that you will be applying for costs to be awarded against her.