Assent papers for sale of property

[Piggy Bank]

I am being asked to sign Land Registry Assent papers by the solicitor dealing with the Estate but I have repeatedly said I wish to sell my share of the property to both the solicitor and the Estate Administrator
Can the Estate Administrator override my request to sell my 1/8th share in the property if none of the other beneficiaries are able/willing to purchase my share?

[des8]

You may wish to sell your share of the inherited property, but you cannot force any of the other beneficiaries to purchase it.

After it has been transferred, if you hold your shares as tenants in common, in theory you could sell your share but it is unlikely you would find a buyer

If you continue to be uncooperative the administrator may make application to the court for directions concerning disposal of your share. You may then be liable for their costs.

You refer to "administrator" .... did the deceased die intestate?

[Piggy Bank]

Deceased died intestate
My inheritance is 1/8 th share
Solicitor has apparently sent out the forms on Friday for everyone to sign
If I retain my 1/8th share a sibling is proposing they live in the property rent free but as I understand it I would become thier landlord & have to ensure it is fit for rental & liable for any repairs under joint & several liability. I am retired & my income is limited
I would therefore like to sell my share proir to it being put into joint names - as I understand it once the property is in joint names there is a not really an option to sell my share.
Not quite sure if you are saying I can not sell my share if none of the other beneficiaries want to buy me out.
The Administrator is the sibling that is going to live in the property - are you saying he can take me to court to force me to accept ownership of 1/8th of the property ?

[Piggy Bank]

Sorry that should have read

"The Administrator is the sibling that is going to live in the property - are you saying he can take me to court to force me to accept ownership of 1/8th of the property ?"
Or loose it?

[des8]

I was just stating that you cannot force someone to buy something they don't want and that the administrator could apply for directions as to what to do. I was not second guessing what a court might direct!
You will be free to sell your share on the open market once it is transferred to you. Of course even if you find a buyer it will probably be at a figure way below market value.

Regarding the property was the deceased the sole owner or was there a surviving tenant in common?
How many other beneficiaries are there?
What do the other beneficiaries think about the situation?
Was the sibling who proposes to live in the property, resident in the property prior to the passing of the previous owner?
If yes, are there children also already living there?

As a generality the administrator has a duty to act in the best interests of the Beneficiaries and should never allow any personal feelings to cloud their judgement when making decisions, and they certainly shouldn't make decisions based on personal gain.

If you consider the administrator is not acting in your best interests, you could apply to have him removed.
However do be aware such a move will probably wreck family relationships, will possibly prove expensive and certainly stressful.
If you should consider such a move I think you will need professional advice

[Piggy Bank]

Mother was sole owner with 5 siblings
Mother died & left 50% to A & 50% to B both living in the property- she left a lesser value of cash to siblings C D E
Sibling B died intestate approx. 5 months later.I understand that B had intended to sell the property & live independently fron A
Now siblings get
A 5/8ths
C 1/8th
D 1/8th
E 1/8th

I have said to solicitor & sibling A - the Administrator that I want to sell my 1/8th share as I don't believe Sibling A has sufficient income to maintain the property.

I asked the solicitor for an update yesterday & have received a reply that Sibling A has instructed her to register the property in everyone's while we decide what to do with the property.

I think it's quite simple - I want to sell my share

[des8]

well if you don't sign the AS1 form I don't believe the registration can go forward.

I don't understand why they feel it is necessary to register the property whilst a decision is made.
Economically it makes more sense to make the decisions and then sought out the registration

You could point out that if you are forced to retain your share you will be looking to charge occupation rent for your share.

[Piggy Bank]

Thank you very much
May I ask another question?
Another sibling that is under the impression that the solicitor will be unable to release the cash inheritance to siblings C D & E until after the property is registered at the Land Registry
I believe the solicitor can release the cash settlement as it is now 11 months after probate was granted
Who is correct?
Thank you

[des8]

The administrator can basically pay cash legacies whenever he wants, although too early might cause him problems if unknown estate creditors pop up.

On the other hand money legacies should be paid within 12 months of death (k/a the executor's year) and if payment is delayed beyond a year ( sometimes delay is unavoidable, or it just takes that long) the beneficiary is entitled to receive interest on top of their legacy calculated from the year anniversary of death.