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Can any one help

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  • Can any one help

    My parents died within weeks of each other a year ago, my brother sister and myself were made executors of the both wills we have two older sisters one is fine with everything the other 2nd eldest has issues she first said she did have any opposition to my brother living in my parents property. She then said through her own solicitor she had an issues with him a: living there with his girlfriend,(girlfriend has her owns her own house) or having any lodgers in the house. We drew up a variance to my mum's will. Dad's anniversary of his death and his birthday came and went still no response. My mum's anniversary is ery soon. Now today I received a letter saying she again doesn't have any opposition to my brother living in the house or him having lodgers and she didn't make any opposition to his girlfriend living there this isn't an issues as I have said my brother's girlfriend has her own property.

    We have had to employ a barrister to look at her letters. And now she is turning the tables again. My question is because she is not executor but only a beneficial can she hold up the reading of the will? or can we push ahead and get things moving. We have employed solicitors right at the beginning of this sad process. Any advice will be gratefully received Thanks you.
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  • #2
    Peridot

    I'm sorry to hear of the loss of your parents so close together. Must be incredibly difficult for you all to deal with. I've tagged Peridot to look in tomorrow but can you just clarify - your sister initially agreed but then wanted to impose conditions on your brothers intention to reside in your parents house, but has now withdrawn her opposition entirely ?

    The property forms part of the estate - are all the children ( your siblings) residual beneficiaries ? and have you all agreed a deed of variance so that your brother can stay in the property ? .. .. has your sister now signed this or was her objection / conditions included in the variance and now she's changed her mind a new deed wants drawing up and signing ?

    You want to get on with sorting out the estate as per the Wills and want to know whether you are able to do so and whether your sister can keep holding things up / creating costs on the estate by changing her mind on your brother and the house ?

    Apologies for the questions, just want to check we have the right info to be able to try and help xxx
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    • #3
      Hi Sadcaruser,
      Just reiterating Amethyst's queries really.
      If you could confirm whether your sister is a residuary beneficiary or to receive a specific legacy (of a set sum for example)?
      The apparent change of heart may be because your sister's solicitor has advised her the chances of her succeeding in pushing her issues are slim and could be costly?
      Have you obtained the Grant yet? There is no reason not to do this (unless there is a caveat in place of course) The distribution may need to wait until agreement has been reached between all residuary beneficiaries. The Deed of Variation would seem the most sensible way to deal with this to ensure there can be no comeback in the future.
      As an aside will readings are actually a misnomer. They don't happen other than in films. Beneficiaries are contacted to inform them there is a legacy for them but there is no formal reading.
      We'll wait for your responses and hopefully will be able to point you in the right direction then.
      I am a qualified solicitor and 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.

      Comment


      • #4
        Hi thank you for your responses, yes my 2 of my siblings are
        residual beneficiaries the other 2 and myself are the executors we haven't got a grant because she has been dragging this situation on. We were advise that the deed of variance as you said would be the sensible option but now we have said we are going back to the original will. My sister hasn't said she wants this in her letter or verbally. I am so annoyed with her she is just playing one of her pathetic games messing everyone around we (4 of us) just want to get to probate and put this behind us and moved on. My original question was as an executor can we not proceed or do we all have to agree before anything can be sorted. My sister even talks of herself been the majority and the 4 of us as the minority in the will ....how can this be?........

        Comment


        • #5
          As the sister causing delays is not an executor she can't prevent the executors continuing and valuing the estate to complete the necessary forms to obtain Probate. Just because she is the oldest does not mean she is the most important or 'majority' as you mention. Unless she has been left a larger share but even then I would not use the terminology that implies she is more important or the 'majority.' She isn't, she may be bossy but she is not the executor and it is them who hold the cards so to speak (probably best not to point that out to her mind from what you intimate about her it could be putting the cat among the pigeons )

          IMO the Grant should be obtained as soon as possible as there are further delays that could occur in trying to reach an agreement about the property which increases the time it will take to finalise the estate in addition. A Deed of Variation is the easiest way to deal with any 'changes' to the Will but agreement of all the residuary beneficiaries would have to be obtained to do this.

          Get the Grant application dealt with otherwise there could be consequences and interest accruing if there is any inheritance tax due that has not been paid as yet. It may be sensible to stop speculating what may or may not be suggested by the sister until you have the Grant and you are at the point of finalising arrangements.
          I am a qualified solicitor and 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.

          Comment

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