# Executor & sale of house



## MrsBell (30 Oct 2007)

Just looking for a bit of insight on what happens next/time frames etc. I will try to keep this brief. 
My Grandmother died 04, left small estate (her house) to her 2 siblings, one of which is the Executor(not a v trustworthy character). There has been no communication between these siblings for a long time. Her house is next door to the non-executor sibling, who has never been contacted or consulted by executor or solicitor ever re the sale of this house. 

Next thing, sale agreed is up and the new owners are in and still no notification of sale of house, how much it was sold for etc. 

Is this the norm? Are beneficiaries the last to know? Do they have any rights? Obviously the new owners have exchanged via Solicitors. Is their a timeframe for Solicitors to produce cheque. Is their any chance that the executor could get hands on the proceeds fo the estate? Any advice would be great. Thanks.

MrsBell


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## mf1 (30 Oct 2007)

Its probably worthwhile getting some specific advice.

I occasionally will get a letter from a solicitor on a beneficiary's behalf seeking an update on where things are at. Mind you, it is better if executors make a point of keeping benficiaries informed throughout a Probate. Its also worth while an executor instructing a solicitor to give some basic information to the beneficiaries at the start so that they have some idea of the time frame. 

So- is it possible that the executor has pocketed the money? Its a bit unlikely but if they have the beneficiary has a cause of action in Court against them.  They should try and find  out more information before rushing into accusations though. Perhaps get a copy of the  Grant of Probate from the Probate Office and a copy of the Revenue Affidavit which will show assets and liabilities. 

mf


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## MrsBell (31 Oct 2007)

Thanks v much for your reply. As I said no contact at all from either ever. When Gran died, executor changed from our usual family solicitor, to put it mildly, to a solicitor with a bit of a reputation, no disrespect to any solicitors out there. 

Pardon my ignorance but how/what would these documents tell us/help us?


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## mf1 (31 Oct 2007)

MrsBell said:


> Pardon my ignorance but how/what would these documents tell us/help us?



1. Probate: Value of Estate and copy Will 
2. Inland Revenue Affidavit: details of all the Deceased's assets and liabilities

With both it should be possible to work out the value of the share  of the beneficiaries. 

If there are serious concerns about the estate then the beneficiary needs to talk to their own solicitor, at their own cost, to try and establish their position. If necessary proceedings may need to be issued. Normally, a polite enquiry from a beneficiary's solicitor at this stage should produce results. If not then the threat of proceedings should move things along. 

mf


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## MrsBell (31 Oct 2007)

Thanks mf - we have made "polite enquiries" before over the years for updates etc but to no avail. Will try again - I think it's going to be a loooooong road!


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## Stifster (31 Oct 2007)

MrsBell said:


> Just looking for a bit of insight on what happens next/time frames etc. I will try to keep this brief.
> My Grandmother died 04, left small estate (her house) to her 2 siblings, one of which is the Executor(not a v trustworthy character). There has been no communication between these siblings for a long time. Her house is next door to the non-executor sibling, who has never been contacted or consulted by executor or solicitor ever re the sale of this house.
> 
> Next thing, sale agreed is up and the new owners are in and still no notification of sale of house, how much it was sold for etc.
> ...


 
I would write to the solicitor dealing with the estate saying that if the beneficiary has not been given an update to include a statement of accuont within 14 days then you will bring the matter to the attention of the Law Society and as others have said, obtain the documentation and seek legal advice.

You might also see if you can get an appointment with the solicitor acting.


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## MOB (31 Oct 2007)

I disagree.  The solicitor is not obliged to meet with, or furnish any information to, the beneficiaries - as they are not his clients.  In practice, the solicitor often does so, but it should be remembered that the solicitor's client is the executor.   It is the executor who should furnish an account.  It is the executor who should furnish the information sought.  Where this does not happen, the appropriate recourse is to the courts to compel the executor to comply with his\her duties.  

I would certainly write to the solicitor concerned, but my threat would be one of going to court rather than going to the law society, and my threat would be to the executor, not the solicitor.

It is not black and white.  The situation would be different where the solicitor had undertaken any duty to advise, or act for, the beneficiaries, as can often happen.  For example, in a family probate, the solicitor might be acting for every beneficiary in dealing with their inheritance taxes, implementing a division of assets agreed by the beneficiaries (and instructed by them to the solicitor) and so on.    However, the starting point is that it can not be assumed that a solicitor acting in a probate or administration is obliged to furnish anything to the beneficiaries.  This distinction should be borne  in mind before making a complaint which would, in my opinion, be groundless on the basis of the facts outlined.


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## Stifster (31 Oct 2007)

I didn't say there was an obligation but it might move matters on, the threat of the law society should at the very least elicit some sort of response. It is practical not legal advice. Then go to a solicitor and find out what the case actually is!

Personally I have always written to each beneficiary to tell them what was in the will (for them). I think it is very poor form of the solicitor in question not to have done so.


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## MrsBell (12 Nov 2007)

Well, we have copy of the will and we got a copy of Grant of Probate, my mum's solicitor has requested copy of Revenue Affadavit from executors solicitor, we have tried to make appointment with him, but he doesn't want to know. 

Probate tells us that the estate was transfered to my uncle in march 07.

My question now is, can a house be sold by an executor without the beneficaries legally signing something to agree sale? My thinking is that this house, as per will, was left to my uncle & mum, 50/50, so they are joint owners. While there would have been no objection to selling the house, would mum not still have had to sign something to that effect?
Sorry, really not up to speed in these things ata all 

MrsBell


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## Stifster (12 Nov 2007)

MrsBell said:


> Well, we have copy of the will and we got a copy of Grant of Probate, my mum's solicitor has requested copy of Revenue Affadavit from executors solicitor, we have tried to make appointment with him, but he doesn't want to know.
> 
> Probate tells us that the estate was transfered to my uncle in march 07.
> 
> ...


 
What was the exact phrase in the will regarding the property. Was it "I leave to....... in equal shares" or "I direct that my home is to be sold and the proceeds divided" 

The executor has the power of sale, I don't believe that the beneficiaries would have to sign off on anything. Essentially when selling the property the executors solicitor would show the grant of probate (which has a copy of the will with it) as proof of their power of sale.

Get thee to your own lawyer pronto. There appears to be a significant sum due to your mother.


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## MrsBell (13 Nov 2007)

Thanks for that Stifster. Will make an appointment.
MrsBell


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## dontknow yet (13 Nov 2007)

Stifster, in your previous reply , you seem to make a distinction between having something left to one in equal shares and having something sold and the proceeds then divided equally. The reason for asking is that i know where property has been left in four equal shares and one of the parties doesnt want the property to be sold but wants their share instead, my query is, if the oarties cant agree is it left up to the executor to what he deems correct at the end of the day.


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