Joint Executors

[Con929]

we have got to the stage to Exchange Contracts and the Joint Executor has suggested he will not pass Gas certificates to Solicitor unless some invoices are paid.

1. Previously submitted invoices for garden maintenance from his company-which is an Engineering company. I refused to pay as this was not agreed with me before the work was done. A Contentious Probate Solicitor informed him it was a breach of Fiduciary duty and these invoices could not be paid. He has chosen to ignore and holding a 'gun' to my head-informing me that the gas certificates will not be submitted to the Solicitor dealing with the sale of the property to enable 'Exchange'

2. He is also expecting me to pay invoices for the Gas certification with just the values of the invoices informing me he has instructed the bank NOT to forward the detail to me.

3. I have written to the Bank, giving my reason for non-payment but have no idea what else to do to move this on.

We have a buyer waiting to exchange contracts, I can organise gas certification again to exchange contracts. I am reluctant to go back for Contentious Probate as he ignored the instruction last time.

Any constructive advice please as we could loose the buyer.

[efpom]

https://www.gassaferegister.co.uk/ga...s-certificate/

[dslippy]

He is breaching his duties as executor by acting against the estate for his own interests.

Even so, if he has done the work (I cannot quite work out what you say he has done or not done), should he not be paid?

Would it not be better just to get the whole thing over and done with?

[Con929]

Yes it would be simple just to pay him, however he changed the locks on this property and I had to employ a Contentcious probate Solicitor and a Locksmith to gain access, as he still denied me a key.

Whilst these invoices can be paid - I was never consulted regarding carrying on gardening costs, he has charged both mileage and interest.

So as I was not consulted re any of this, I absolutely have not agreed.

In addition to the above, his invoices contain my name and his company is not one that engages in any form of property maintenance. So I believe this allows me to breach fiduciary duty?

His latest trick is that he has 3 additional invoices to be paid - he informs me that I will have no detail of provider or detail of work done but he will not release the Gas certificate until all these invoices are paid. Apparently the bank have agreed to this request - I have yet to call them to check.

"Blackmail' and 'bullying' do not sit comfortably with me.

We have a buyer ready to exchange contracts once they view the detail of the gas certificate .

[Con929]

Hi

Can I just add that I believe the 3 additional invoices are also linked to his company with my name included. so I continue to breach my fiduciary should I agree to pay?

I believe that Gas Safe registration has to be on the paperwork of the registered engineer, surely the invoices should reflect this too.