Did the executor put it on sale or is there more to this?

[NEEDADVICE99]

I have lived outside the UK for more than 3 decades. Back in 2009 I returned when my father died only to find that he made a will leaving everything to his nephew and niece. My father was a difficult and often violent man who would not speak to many of his relatives. Because of this I had never met the nephew (executor of the will) or niece even though they lived only a few miles away from where I grew up.

In 2011 I had an out of court settlement under the (Provision for Family & Dependants Act) where I received 30%, with 70% going to the relatives. The legal agreement was signed by myself, the executor and both solicitors representing us. The agreement stated that the property should be sold forthwith by joint auctioneers (one each nominated by plaintiff and defendant respectively).

The property which consisted of a large stone house in a small village was put up for sale. I routinely checked the websites of both estate agents to see that the property was listed and I was always kept informed of the highest bid. Many months later I rejected the highest bid because it was well below the valuation at the time of the agreement. Shortly afterwards it was discovered that the property was not registered with the land registry. The executor’s solicitor set out to obtain the first registration.

In late 2015 my solicitor informed me that the first registration had been obtained and he thought the house would be back on sale in the spring. He said the executor’s solicitor had encountered many problems in the 3 1/2 years since she started.

I waited over a year and heard no more of the sale. Then in early 2017 I saw it for sale on a website of the executor’s estate agent. I emailed my solicitor who said he knew nothing about it and wrote a letter to the executor’s solicitor. I noticed the house was quickly removed from the website. Months passed and she never replied.
Then in August I saw the house for sale on 2 websites from the executor’s estate agent. Again, I emailed my solicitor and again he wrote a letter. Within 24 hours the house was removed from both websites. The solicitor did call up my solicitor to say she had “forgotten” to reply to his first letter and that she had phoned her estate agent and he would get back to her.
Weeks passed and I heard nothing. During this time I phoned the estate agent twice. I blocked my phone number so my name and location would not show up. Each time I spoke to the main estate agent and he told me the highest bid and that the house had been on sale for months. I could not understand why the executor’s solicitor could not find out about the sale quickly since her office is right across the street from his.
Two weeks later I again saw the house for sale on the same websites. I emailed my solicitor and stated I was tired of playing games, that I knew the house was for sale and that I demanded that they tell me. This time the executor’s solicitor said she had just found out about the sale and that the executor had put it on the market without telling her.

During the next 14 months I exchanged many emails with my solicitor trying to find out how I was excluded from the sale. I also demanded to be included in the sale and to be informed of any offers. The executor’s solicitor ignored all contact. I discovered through my own means that the highest bid was rejected by the executor and the house was taken off the market.
Last year the executor’s solicitor forwarded to me through my solicitor an estate agents contract where I would be included in the next sale. She made no mention of the many queries I had asked her about the sale. I replied that I would not instruct my estate agent to participate in any sale until I had a full explanation of why I was left out of the previous sale. I have received no explanation and this is where things stand at the present.

Both solicitors and both estate agents have their offices in the same small town and they all know each other very well. Sometimes, I wonder if the side that represents me wasn’t aware of the sale from the beginning.



What is going on here? I don’t believe the executor did this on his own. The estate agent knew of the legal agreement and the solicitor’s failure to communicate is very telling.

Since the opposing side has so dishonestly put the house on sale and used various means to cover it up, does this nullify the signed agreement?

Once the estate is settled my legal costs will be much higher because of the approximately 30 emails I exchanged with my solicitor over this sale. I believe I can claim a financial loss but who would I sue over this?
Can I get compensatory damages for the incredible aggravation I have been put through?

[des8]

You stated "The agreement stated that the property should be sold forthwith by joint auctioneers" so why are you all faffing around with estate agents and not selling at auction?

[NEEDADVICE99]

The value of the house has gone down. The executor has left it vacant for a decade and has not made any of the repairs that it badly needs. I have been told that the roof is leaking and mould is everywhere. The backyard is always overgrown with weeds and high grass. During the first sales attempt my estate agent commented that he was fearful of showing clients the rear of the property since one had tripped and nearly fell over an object hidden in the grass.
Twice I tried to contact the executor through my solicitor about his neglect of the property and twice he ignored me.
Since the house is located in a small rural area there seems to be only moderate interest and most bids are low considering the condition.
This may be why the subject of an auction has not come up.

[NEEDADVICE99]

I may have misunderstood your reply. When I signed the agreement my solicitor explained that both myself and the executor would choose an estate agent to represent us. I just assumed that an estate agent and auctioneer were the same thing.

[des8]

Estate agents often are auctioneers, but not all auctioneers act as estate agents.

You state that your agreement called for sale of the property "forthwith" i.e. immediately or without delay which using auctioneers would allow.

A forthwith sale is best done by auction as although it might go more cheaply it will sell and you do not lose by it falling into decay.

I would cut my losses and instruct the solicitor to arrange sale by auction, in accordance with the terms of the agreement.

Allowing the house to stand empty for 10 years would seem to me a dereliction of the executors duty to preserve estate assets until sold
If you are out of the country and are employing a solicitor to look after your affairs IMO he too might be failing in his duty of care to you

[Manxman]

Sorry - just to understand the situation a bit better.

You've been non-resident in the UK for 30 years and your father died eleven years ago.* Nine years ago you reached an out of court settlement as a dependent(?) even though you had (presumably) been out of the country for about 20 years when your father died and (again presumably)*you weren't dependent on him.* Is that right?

And after reaching an agreement nine years ago that the "property should be sold forthwith", the property is still on the market because both of you have rejected all bids?

I'm really sorry if I'm misunderstanding this or missing something obvious, but what are you both playing at?

[NEEDADVICE99]

You need to understand the law* (Provision for family and dependants act) where a parent making out a will either by neglect or spite disinherits a child* (can be of any age) the court will make provision to give a portion of the estate to that child. The rest of the post generally deals with the fact that under the agreement both myself and the executor were supposed to have an equal say on when the house would be put up for sale and what bid would be accepted. After being off the market for many years because it was not registered the executor appears to be making decisions that I thought I was supposed to be involved in.

[Manxman]

I understand the law.* I'm just surprised that after living independently from your father for two decades that*the beneficiaries under the will*would reach a settlement with you.* But unless the reason(s) for that have some bearing on the rest of your question (which is why I asked) it's probably irrelevant.

But none of that explains why after 9 years the sale hasn't progressed!* Just contact your nephew and get it moving.* (Or get your solicitor to contact him or his solicitor - but that will cost you money...)

Is there some reason to explain this that you're not being explicit about?* Is the executor (and his sister?) acting out of spite to thwart the purpose of the settlement?* *What has your solicitor been doing?