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Do I have to Sell? (Scottish Law)

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  • #16
    My Lawyer is also an Estate Agent himself. My mums old neighbour/friend recommended him, though he did say he only used him fror conveyancing. I get the feeling that he just wants to sell as he will realise more money..
    My other concern is my niece's carers are the driving force for all these moves and her Lawyer is also doing all he can legally speaking.in collusion with my Lawyer. Perhaps I am reading more into it? My niece is very maliable and has no real understanding of what is going on. I feel they are all taking advantage of the situation.

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    • #17
      .. but if he handled the sale himself there is the possibility of a conflict of interest.
      If that acts to the detriment of the estate, and hence the beneficiaries, you could have cause of action against him.... hence I said "independent" !!!

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      • #18
        The Lawyer is also an Estate Agent, and I feel that is another reason why he is insisting we sell. My cocern is my niece is getting taking advantage of.

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        • #19
          As was voiced earlier he may also have a client on the Agency books that would be interested in the house. I have seen that similar situation before ! What price is the lawyer/estate agent suggesting for the house and how does it compare with other similar properties for sale in the area?

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          • #20
            I would certainly invest in a second opinion from another solicitor.
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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            • #21
              Hi Kirkyboy,

              I'm afraid I have no knowledge of Scottish Inheritance law. Based on English rules I would have thought that the valuation of property would be similar although I appreciate the system for selling property over the Border is different.

              As far as keeping the property to do it up before sale, what other assets are their in the estate? Who would be funding the works? If the idea is to let the property to build up the sum to enable works to be completed I would have thought this somewhat impractical. If that is the case then your lawyer may have a point. The administrator does have a responsibility to deal with the estate in a timely manner.

              Who is the administrator(s) on the Grant? Are there sufficient assets in the estate to enable you and your brother to 'buy-out' your niece's share of the estate. The property could then be transferred to you and your brother (if property ownership and estate administration operate in a similar way to England/Wales). You and your brother can then spend as much time as you need sorting it out for sale at a later point?

              You mentioned that your mother had power of attorney for your niece. Was this power used? If so, how can it be deemed that your niece now has sufficient capacity to make her own decisions? Has anyone applied to be appointed her deputy if she lacks capacity, since your mother passed?

              It may be worth looking into who and how decisions can be made on behalf of your niece if she really does not have capacity to make such decisions herself. Of course if someone has power of attorney already for her then it is probably the case that obtaining her share of the estate is in her best interests and that decision couldn't necessarily be criticised. Your niece has no use for the house it seems and would not be able to live at the property, so it would be the correct decision that it is sold and the proceeds divided, as this is in her best interest. So unless an agreement can be reached to 'buy her out' I suspect the property may have to be sold.

              Has the Spanish apartment been dealt with yet? Would it generate sufficient funds to buy your niece's share or are there sufficient assets in the estate to allow for example the property to be transferred to you and your brother, leaving sufficient in the estate to pay your niece her 1/3rd share of the estate? I appreciate there is a lot of sentimental feeling about the Scottish house and it can be difficult to let somewhere go but it may be that you do not have a choice if the rules state that the asset must be realised and you and your brother are not in a position to buy your niece out.

              Not being au fait with the Scottish rules I'm afraid I can only suggest that you do obtain a further opinion from a Scottish probate specialist, so at least you know what may or may not be possible as far as the house is concerned.
              I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

              If in doubt you should always seek professional face to face legal advice.

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              • #22
                Would ScottishSolicitor be able to help out here? (I've tagged him) xx
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

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                • #23
                  Really sorry but its not my area - I could suggest a firm though if the OP wants to message me

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