Erm, advice please...

Air_Cooled_75 · 16 September 2012 at 8:42PM

Hi everyone,

This has turned into a bit of a nightmare so please stick with me, I'll try to keep it short(ish)

DH's nan died nearly 2 years ago. MIL and one of her brothers were named as executors. MIL died in 2009 but her 3 children were named in the will.

MIL was one of 7 children. Two of the siblings (3 including MIL) have passed away since the will was written. 5 of the children were getting £5k each, the rest to MIL and her brother.

Now, no movement at all until a few months ago. It's gone to solicitors on 2 sides, DH and his siblings and 2 of MIL's siblings and 2 on the other side.

The 'other side' have admitted to their sol that they wanted to 'write DH and his siblings out' but were advised this would be illegal.

DH's nan's house is probably worth about £60k. According to the 'other side's' sols there has been a private approach seller who has offered £43k.

One of the 'other side' wants to buy the house for his daughter but was initially refused a mortgage. We think the best mortgage offer he could get was for £43k.

The 'dark side's' sols have even suggested accepting the offer as it would reduce any estate agent fees.

There are a few other issues that mean this post would go on for far too long.

What do people think of this? I know the sols are dealing with it but do we stand a chance of anything or can the remaining executor just sell the house considerably under market value?

Thanks for your time, I know it goes n a bit but these are the bare bones of it.

*Robin* · 17 September 2012 at 1:04PM

Air_Cooled_75 wrote: »

I know the sols are dealing with it but do we stand a chance of anything or can the remaining executor just sell the house considerably under market value?

The Executor is legally obliged to maximise the value of the estate for the beneficiaries. It is to be hoped that your DH's solicitor would not be slow in pointing this out to DH's uncle [if I've got the familial relationship right], and the likely penalties should he do a deal favourable to a third party which damages the interests of all the beneficiaries.

Under the circumstances, the solicitors' fees are probably necessary to sort out such a complicated situation but they will reduce the value of each bequest. Your DH should get something from his Nan's estate, eventually, but please don't plan a world tour or hold your breath.

ETA: Find out whether all the solicitors' fees will be paid from the estate, or is your DH and 'his side' responsible for the second solicitor they've instructed? The Executor would normally include his solicitor's costs as a debt on the estate, which will be settled before any disbursements are made. Obviously this will affect your DH's inheritance.

Air_Cooled_75 · 17 September 2012 at 9:11PM

Thanks Robin. I thought DH's uncle (yes, you have it correct) should be trying to maximise the value of the estate. Letters have been going back and forth (we live some distance from the others but we are getting copies via email) but I will make sure the solicitor has/does stress the points you made in the first paragraph.

No world tour planned

DH isn't that fussed about the money but it has become a matter of principle now (BIL and SIL are the ones who instructed a solicitor) they feel somewhat annoyed as MIL did so much for her mum (and indeed other members of the family).

Very good point about the fees, it hadn't occurred to me.

I doubt there will be a swift resolution to this but if/when we hear anything I'll update.

Thanks again for taking the time to reply.

Erm, advice please...

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