Property Sale Conflict

[jody84]

My sister and I were both named on our deceased mother's will as executors. My sister got a grant of probate, while my role was put into reserve.
It has since come to my attention my sister plans to sell the property, (to one of the will's beneficiaries), at a price that is way below the market price of homes in the area.
I have now applied for 2nd probate to be granted, in the hope of preventing this.
My question is,.
Have I any power to stop the sale, (in my role as executor), before I receive the probate grant?
Thanking you in advance.

[des8]

I think, as presumably you are a beneficiary under the will, that you can place a restriction on the property with the land registry.
That should stop the sale whilst your reserve position is activated.

If the sale should go through before you have authority to stop it, you might be able to sue your sister (although you would probably want to avoid the fall out of such an action!)

[jody84]

Thank you very much for the advice. I will certainly contact the land registry first thing on Tuesday.

[Crazy council]

Hi remember that there can be lots of costs saved by administersing the estate properly , especialy around disposal of property, , its worth talking just to make sure ytour not doing something that will costs the estate a lot befreo you make an offical chalange

[jody84]

It is my belief my sister, ( The other executor), and my brother have been planning that my brother was to purchase the house for quite a while.
When my mother was admitted to a care home, then subsequently sectioned and found to have severe dementia, My brother placed his son in my mother's home, (4 months after my mother was diagnosed as having severe dementia, my brother somehow managed to get Power Of Attorney to act on my mother's behalf)
Upon the death of my mother. I find my sister had every intention to sell the house to my brother for £55,000. I was sent 3 valuations done on the property which valued the property around £60,000 I knew this to be a low price as another sister's house, which is identical to our mother's and only 4 doors away was valued at £117,000.
I have asked for a key to the property twice, and twice my requests have been ignored. So I walked to the rear of the property and was disgusted at how the rear of the property now looks. There is rubbish laid around the garden, and weeds around 2 ft high. My mother and father would have been horrified at the state.
What I could see of the interior of the property is much the same as the garden. It is my belief my sister and brother have intentionally allowed the property to get into such a state with the sole intention of driving down the value of the property so my brother can buy the property cheap. I now have a Grant of Probate as well as the sister who intends to sell the property to our brother. Can I have my sister's Grant of Probate revoked?

[des8]

Did you place a restriction on the property?

If your co executor has, by negligence or lack of action caused loss to the estate she has left herself open to a potential claim by a beneficiary of the estate.

You could arrange for the property to be cleared of rubbish (this would normally need to be done before completing a sale as it is generally a condition of sale that rubbish etc is removed) and charge the costs to the estate

It is possible to have grants revoked, but...................

.tagging Peridot.

[Peridot]

Hi Jody84,
As you are also an executor it would probably be sensible to get another valuation done yourself, if you dispute the £60,000 valuation previously obtained.

I wouldn't have thought that an unkempt garden and some decoration issues would reduce a price by £57,000, maybe a few thousand. Is the property quite dated in regards to kitchen and bathroom and décor generally? Do you trust the agent who provided the original valuation. It is difficult when you see other apparently similar properties on the market for significantly more. There is of course no guarantee they will get the asking price. Have you searched for the property online to see what the photos are like to have a comparison (or you may have knowledge as it was a sister's house anyway).

As Des8 mentioned did you get a restriction put on the property to prevent a sale going through without agreement from you?

Were there any other significant assets in the estate. I just wonder if a property price cant be agreed (and you have estate agent valuations confirming greater figures) it could be suggested that the difference in what the nephew is potentially paying and the higher valuation could be off set from the division of the residue?

Who was looking after the house when your mother went into the care home, was it your sister and her son? Were you aware the property was not being looked after at that stage?

You need to get some valuations confirming what an agent believes the property would go for in it's current condition and what it could go for with a bit of tidying up. I wouldn't suggest new kitchen bathroom etc just basic clearing of the garden and a clean up inside. Then you could compare the price difference before going full steam ahead without knowing if the difference would get eaten up in fees, whether for clearance or legal fees. Is the son living in there at the moment? As executor you have an obligation to keep the assets secure so would be within your rights to get locks changed but I would suggest trying to keep the lines of communication open if at all possible until you know what the figures are.

[jody84]

Hi there.I have not been in the property since my 3 eldest siblings took over my mother's care in August 2016.
Within 72 hours of them taking over they placed my mother in a care home, my mother was then sectioned and found to have severe dementia,
The same sibling's then somehow managed to get a long term Power of Attorney in December 2016, (I was told my my mother's doctor in September 2016, my mother's dementia was so far along she was now only capable of deciding what clothes she wanted to wear).
I can't get my own valuation done as my sister has repeatedly ignored my requests for a key to the property.
I sent a letter to my sister's solicitor on 04/05/ 2018 informing them that I am no longer asking for a key but am demanding one as is my legal right. I gave 6 days to give me a key. I have received a letter today, (09/10/2018), the letter says my sister will give me a key when our nephew has moved out in 5 to 10 days time, I am of the opinion my sister does not want me in the property until the nephew has gone as the property is in such a mess. Is my sister breaking the law by not giving me a key within the time frame I allowed?. The solicitor also requested I forward a copy of my Grant of Probate. Wouldn't my sister's solicitor be able to get a copy by going online to the search a probate site and get one, (which is how I had to obtain a copy of my sister's Grant of Probate)?

[jaguarsuk]

The solicitor also requested I forward a copy of my Grant of Probate. Wouldn't my sister's solicitor be able to get a copy by going online to the search a probate site and get one, (which is how I had to obtain a copy of my sister's Grant of Probate)?

Yes, but why do something yourself when you can have someone do it for you and still charge your client for the privilege?