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Solicitor refusing to communicate with executor

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
43 replies 7.2K views
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  • rpcrpc Forumite
    2.4K posts
    Mojisola wrote: »
    The way I understand it if a property is left to one and cash to another, the expenses will be taken out of the cash and what's left will be inherited. The property has to be passed on as it stands.

    Willing to be corrected.

    You and daska may be right - I don't have a reference to back up my statement but it is the way I understood it. It isn't a scenario I have run in to.
  • MojisolaMojisola Forumite
    33.4K posts
    Part of the Furniture 10,000 Posts Name Dropper
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    rpc wrote: »
    You and daska may be right - I don't have a reference to back up my statement but it is the way I understood it. It isn't a scenario I have run in to.

    I'm sure there was a case on MSE where one sibling had been left a property and the other the contents of an account which were approximately the same value. All the costs were being taken from the second sibling's cash.
  • OP, I think the solicitor means you should take legal advice about the method you are hoping to use in the purchase, ie not paying over all the price on completion & withholding the amount you reckon is your % share of the trust fund translated into your % share of the estate.

    Trusts don't actually work that way, & the trustees will need to be paid the full price. They then deduct the costs of sale, CGT liability & anything else they need to. They send you 3/5 of what is left. Their solicitors won't let them do it any other way (whatever the trustees may have agreed with you direct), & your lender's solicitor is not going to release any money when the arrangement is clear.

    Trusts can "attach" to property, & I daresay you don't want to go through all this just to find your sister still has a beneficial interest in your house and wants it realised straight away.

    I suppose in your capacity as mum's executor you could try to negotiate with the trustees that the whole 3/5 be paid over to the estate without any deductions, so your sister's share gets the same benefit as you. You'd still need some short-term borrowing though.
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