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Executor and Solicitors uncommunicative.

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  • #31
    As he has decided to split the house between the three of you, he could just sell it in the normal way and divide the proceeds three ways.

    If he is just transferring ownership to the three of you jointly it is a matter of advising Land Registry.
    Of course there are forms to be completed as set out here: https://www.gov.uk/update-property-records-someone-dies

    Comment


    • #32
      Hi again,

      the situation still hasn't been resolved. He says that he intends to split it 3 ways and asked for my bank details a few months ago, but he hasn't made any payment yet.

      He has applied to the land registry to have the property put into his name (only) and says he is waiting for this to complete before making the payment in case there is any contest to the registration or unknown debt on the property.

      I am worried that my and my other brother should be contesting this land registry application, and that once it is complete we will have no redress but I don't know if this is the case. Also I think that if he was acting in good faith, then he would have paid our shares before applying to have sole ownership of the property. (but I don't know if this is reasonable or not ?).

      There seems to be a delay at the land registry, it was supposed to take 4 weeks about 9 weeks ago, and still no sign of anything happening.

      Basically my question now is, do you think his action and explanations are reasonable ?

      Or, should I be more worried, do we need to act urgently? Is there anything we can do ?

      Thank you as always for your previous help and in advance,

      Comment


      • #33
        Apologies for delay in responding.

        Regarding delays at Land Registry, my contact tells me they have a huge backlog !

        I don't think it matters when LR note the trransfer.
        The important aspect from your view is that the house was valued accurately, and you are paid your share (plus any statutory interest which may be due).
        If you don't receive your correct legacy is the time to take action

        i think the will instructed him to realise the value of all assets (I haven't scanned back) and then distribute them
        He can do this by buying the house himself, or selling it to a third party.
        If he has the funds available I don't understand the delay in paying the legacies
        If he doesn't have the funds, and doesn't pay you at that point you consider legal action

        I'm wondering why your brother might think there might be any hidden charges on the property.
        If there are no charges registered in the appropriate section of the proprietorship register I don't understand why he thinks some enforceable charges might be lurking in the undergrowth
        .... and who could possibly contest the registration?

        Comment


        • #34
          Hi thank you for your reply, I am happy to say that our younger brother has finally decided to be reasonable and has shared the property value equally.

          It has been a long wait, and I have been feeling helpless for a long time, but finally we say that it is finished.

          Thank you so much.

          Comment


          • #35
            That's good news and thank you for the update

            Comment


            • #36
              You are very welcome.

              However, now there is another issue that I was not wanting to broach with my brother for fear of giving him an excuse to be awkward.

              This involves the death and estate of our uncle. Which my brother has not informed me of, yet somehow my other brother has got wind of.

              Should I start a separate thread?

              Comment


              • #37
                Oh dear

                Condolences on the death of your uncle, and yes it is better to start a new thread

                Comment

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