Solicitor Executors insisting on a licence to occupy premises

wearyexec

I'd be grateful for people's thoughts/advice on this - 

My late mother left her estate to her husband (our father). My sister and I are her executors. 4 months after her death, our father died - having appointed his solicitors as executors, with my sister and I as beneficiaries.

Our mother's estate is not yet finalised and we have spent the past year sorting and clearing the house in order for it to be sold. There are already cash buyers interested in buying the house, before it has been advertised, so we hope that the sale shouldn't take too long (fingers crossed).

The solicitor executors are now - just over a year since our father's death - insisting that we need to have a licence in place in order for us to stay at the house for a few nights every week (we don't live locally, so day trips aren't really an option).

We have asked why this is needed now, but haven't received a detailed explanation, beyond 'protecting the executors and the estate'.

All advice welcome - thank you.

elsien

In the unlikely event that you move in and refuse to leave? Or  try to claim some tenants rights? 

You are right it is very late in the day, but with a license it’s easier to shift you if necessary. 

Someone for some reason has just decided to play ridiculously safe.

wearyexec

Thank you, elsien.

We really couldn't think why the licence would be necessary and - unless someone comes up with another suggestion - we think it's just too late now.

Of course, the execs will charge the estate for drawing up the licence......

Savvy_Sue

It is perhaps a shame that you did not ask the solicitors to renounce in your favour, which is something they should normally do for a straightforward estate. 

So they've been happy up to now for you to have keys and be in and out of the house? 

I think it's worth asking the question: why now? why at all? Since you are the only beneficiaries, is there really anything to be gained by this?

SiliconChip

How likely is it that anyone from the solicitors will know if you do stay there? Unless the house is within sight of their office or the solicitor lives next door I'd just risk it.

Marcon

wearyexec said:

I'd be grateful for people's thoughts/advice on this - 

My late mother left her estate to her husband (our father). My sister and I are her executors. 4 months after her death, our father died - having appointed his solicitors as executors, with my sister and I as beneficiaries.

Our mother's estate is not yet finalised and we have spent the past year sorting and clearing the house in order for it to be sold. There are already cash buyers interested in buying the house, before it has been advertised, so we hope that the sale shouldn't take too long (fingers crossed).

The solicitor executors are now - just over a year since our father's death - insisting that we need to have a licence in place in order for us to stay at the house for a few nights every week (we don't live locally, so day trips aren't really an option).

We have asked why this is needed now, but haven't received a detailed explanation, beyond 'protecting the executors and the estate'.

All advice welcome - thank you.

Sounds like someone in the new annual intake of trainees has decided to try and impress...

You and your sister are the executors of your mother's will and the sole beneficiaries of your father's estate. A licence simply gives you the right to do something which would otherwise be unlawful. If you or your sister decide to take up residence and squeeze out your sibling by preventing a sale...we're heading for the realms of fantasy land here. 

You can do one of two things. Sign the licence (which even on a bad day shouldn't be more than a page or so in this situation - and you could clock up legal fees well in excess of the cost of providing this standard document if you argue the case); or refuse (and boy do I understand the temptation) and rack up legal fees while the solicitors cobble together needless legal prose.

Dave_5150

wearyexec said:

Thank you, elsien.

We really couldn't think why the licence would be necessary and - unless someone comes up with another suggestion - we think it's just too late now.

Of course, the execs will charge the estate for drawing up the licence......

The cynic in me says that is the reason.

wearyexec

Thank you very much everyone for your thoughts.

Unfortunately, Savvy Sue, we didn't know we could ask them to renounce their executorship before they had intermeddled - which they were very quick to do.

I think we will just have to sign the licence to avoid them clocking up yet more costs...... Unless the house is sold before they've sent it to us!

And we really want to part company with them as quickly as possible, so it's not in our interests to do anything to delay this.