Is this executor behaving correctly?

Felizfeliz · 4 May 2016 at 3:10PM

Thank you. This is becoming clearer now.

So in terms of the solicitor to taking reasonable care to obtain a fair price, what sort of difference would we be looking at to make it not a fair price?

And what would they need to have done to be able to prove that they took reasonable care?

Thanks again

Felizfeliz · 4 May 2016 at 3:13PM

My mum is the main beneficiary, and even a small difference would make a difference to her being able to stay living near us - She is unconcerned with the speed of the sale and has made this clear to the solicitor.

Mojisola · 4 May 2016 at 4:09PM

Felizfeliz wrote: »

I am much better placed to deal with this than she is. If she advises them to speak to me instead would that be practicable?

Get her to write to them, giving them permission to deal with you on her behalf.

jackyann · 4 May 2016 at 6:03PM

Agree that first of all, you need to get permission from mum to act on her behalf. Honestly, if she doesn't want you to challenge the solicitors, then you can't.

However, it wouldn't hurt to get some information about house prices - but do beware.
I have been involved in selling properties that I / my family inherited - last time the shoe was on the other foot - there was a query as to why I was willing to accept a lower price than the other beneficiaries thought reasonable.
I lived in the area and they didn't. I knew that although the property itself had plenty of parking, the approach to it was notorious for inadequate parking - people parked on the pavements all the time, and it was awkward to get to. The property, although clean and properly maintained was "old-fashioned" and didn't stand out. That was why we couldn't get the same price as an almost identical house in the next street.

Anthear · 4 May 2016 at 6:53PM

I believe it is usual for an Executor to get three estate agent valuations and then use an average to report to HMRC. Or I think you can pay for a surveyor to value it.

I understand your frustrations as I have been through something similar and I would NEVER EVER use a Solicitor as an Executor as a result. They will probably drag the whole thing out as long as they can, although they have to submit the IHT form and pay at least some of the IHT, if it is due by the end of the 6th month following the date of death.

I complained to a firm acting as an Executor on one of my parent's estate. The Legal Ombudsman says they have 2 months to respond. Apparently because I was not a client of the firm, the firm's complaint policy did not apply to me! I successfully challenged them through the Legal Ombudsman and received compensation (a very small amount). It takes a very long time, but I think is worth it, if only to cause them inconvenience and highlight their incompetence. BEWARE though, I felt that the Legal Ombudsman did not set particularly high standards considering that law firms charge circa £250 + vat per hour for their services. Make sure you set your case out very clearly and say what kind of detriment has been caused, as the Legal Ombudsman has to find poor service and detriment in order to award you compensation.

Good Luck - hope this helps - sorry that you are going through a similarly awful time as me!!

Felizfeliz · 4 May 2016 at 7:58PM

We have lived in the area all our lives and have been astonished by the house prices in the town. Honestly, I am trying to be as impartial as I can, and have compared a done up semi detached in the same area with her properly maintained but old fashioned detached. The house sold in less than a week.

Who are they actually accountable to if their client is dead? The whole situation is absurd and I wish I had looked into this earlier as I would have offered to act as executor myself.

I have read bits about the penalties administersed if firms are found negligent and quite frankly they are laughable. If they know that all that will happen is, if the complainant does not give up out of sheer exhaustion, that they might get a fine that could pay with an hour of their time then what sort of deterrent is there? It's probably built into the costs and they automatically see how far they can push it.

Although I glad to benefit from your expertise I am sorry that this situation is so common place.

I will be making a complaint, and I will follow it through. If only from a moral standpoint,

My mum spoke to them this afternoon and I think has deduced that there were no other valuations, When she told the solicitor she would be formally complaining, his response was, "oh well!".

He's about to retire so I don't think he's overly bothered.

getmore4less · 4 May 2016 at 8:03PM

When we were in a similar situation we did all the negotiations setting prices and dealing with estate agents all the solicitor executors had to do was sign the docs.

In the end we kept the house.

if there is a major beneficiary and enough assets to cover the other distribution then assenting the house and selling it independently may be a better route.

If the solicitors won't play ball and your really believe it is worth more, if you can raise funds(just the extra over the inheritance) put in a higher offer.

Anthear · 4 May 2016 at 8:47PM

I think they may be on dodgy ground if they only had one valuation, if only from HMRC's perspective. I don't know what HMRC does if they consider that a property has been undersold. You could give the Estates and Probate Helpline a call - although the wait is long to get through they've always been helpful when I've called.

I believe that they owe the residual beneficiaries a 'duty of care' - but I have struggled to find out what this means in practice.

There's a considerable amount of arrogance out there from what I have seen - just out of interest, did they give you an estimate of their costs at the beginning? The legal Ombudsman told me that when they look at how 'reasonable' costs are, they look at what the firm quoted at the start and then compare this to what they charge and whether they have kept you updated reference costs.

Don't let them get away with it - it is exhausting but things will never change if firms are not challenged. Complaints cost them money! Stick with it - good luck!

Felizfeliz · 4 May 2016 at 9:27PM

I wish we could afford to buy it. Sadly that's not an option. There is a pretty penny to be made out of this house at present. I'm glad you managed to keep the house.

I have never heard of the estates and private helpline so will have a look at that.

There was no estimate of costs beyond the we have no idea long the piece of string is type, in that same document it states they will send a breakdown of costs every month which they haven't done either. I asked for one in the email I sent the other day which they won't reply to.

Thanks for the encouragement. My Gran lived by the adage 'never give up', I seem to have inherited this. It doesn't matter who it is, or how trivial it may seem to some, especially if it is morally wrong then I refuse to concede and will be there until the bitter end.

Many thanks again.

Yorkshireman99 · 4 May 2016 at 9:35PM

Felizfeliz wrote: »

I wish we could afford to buy it. Sadly that's not an option. There is a pretty penny to be made out of this house at present. I'm glad you managed to keep the house.

I have never heard of the estates and private helpline so will have a look at that.

There was no estimate of costs beyond the we have no idea long the piece of string is type, in that same document it states they will send a breakdown of costs every month which they haven't done either. I asked for one in the email I sent the other day which they won't reply to.

Thanks for the encouragement. My Gran lived by the adage 'never give up', I seem to have inherited this. It doesn't matter who it is, or how trivial it may seem to some, especially if it is morally wrong then I refuse to concede and will be there until the bitter end.

Many thanks again.

Try lodging a complaint under the solicitor's complaints procedure. This often makes them take action.

Is this executor behaving correctly?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free