A relative died in 2015 naming 2 friends as executors. The three of them shared a house, which my relative and one of the others owned.
The relative`s will is rather brief but includes "A and B (... "the joint owners") both have an interest in XXXXX aforesaid the legal estate of which is vested in the said A and me....In the event that I predecease one or both joint owners I declare that they may continue to occupy the relevant property for so long as they wish during their respective lives or the life of the survivor of them and afterwards I devise all my interest in the relevant property to...." three beneficiaries. Also, "All the remainder of my estate both real and personal and whatsoever or wheresoever situate I devise and bequeath to ...." said beneficiaries.
There is no mention anywhere of a Trust or Trustees.
1. Who should be paying for all the maintenance of the property, including contracts for boiler, plumbing and electrical systems, council tax etc?
2. The executors are elderly and used a solicitor to help them with the Grant of Probate (only the executors` names are on this). This took 14 months from the date of death (!) the solicitor blaming the delay on a colleague who worked for his firm but left suddenly leaving work undone. Should the beneficiaries have received a distribution of funds when the Grant was issued? Should they automatically be sent the accounts showing how the estate was valued (under £200,000)? This solicitor is being paid from the Estate, is it purely down to the Executors to decide if his costs are reasonable and how long he should continue to be employed? He has repeatedly said he does not act for, and cannot advise, the beneficiaries.
3. Recently the solicitor has contacted the beneficiaries stating that "this firm acts on behalf of the Executors....A and B. The Will....provides for our clients to have a life interest in XXXX which, following the death of the survivor of them then reverts to you. We are now instructed to write to you with an offer that our client`s (SIC) would be willing to sell their interests in the property to you .... We are currently arranging for a valuation of our client`s interest" Again, who should be paying for the solicitor, surveys, valuations? Do both their interests have a monetary value?
4. The executors are moving into Care Home/Sheltered Housing so no longer able to personally occupy the house. Does this end their "life interest" before either has died?
I hope someone can give definitive answers, preferably with examples from statute or cases. It seems to be quite a particular situation. I am grateful for any input.
The relative`s will is rather brief but includes "A and B (... "the joint owners") both have an interest in XXXXX aforesaid the legal estate of which is vested in the said A and me....In the event that I predecease one or both joint owners I declare that they may continue to occupy the relevant property for so long as they wish during their respective lives or the life of the survivor of them and afterwards I devise all my interest in the relevant property to...." three beneficiaries. Also, "All the remainder of my estate both real and personal and whatsoever or wheresoever situate I devise and bequeath to ...." said beneficiaries.
There is no mention anywhere of a Trust or Trustees.
1. Who should be paying for all the maintenance of the property, including contracts for boiler, plumbing and electrical systems, council tax etc?
2. The executors are elderly and used a solicitor to help them with the Grant of Probate (only the executors` names are on this). This took 14 months from the date of death (!) the solicitor blaming the delay on a colleague who worked for his firm but left suddenly leaving work undone. Should the beneficiaries have received a distribution of funds when the Grant was issued? Should they automatically be sent the accounts showing how the estate was valued (under £200,000)? This solicitor is being paid from the Estate, is it purely down to the Executors to decide if his costs are reasonable and how long he should continue to be employed? He has repeatedly said he does not act for, and cannot advise, the beneficiaries.
3. Recently the solicitor has contacted the beneficiaries stating that "this firm acts on behalf of the Executors....A and B. The Will....provides for our clients to have a life interest in XXXX which, following the death of the survivor of them then reverts to you. We are now instructed to write to you with an offer that our client`s (SIC) would be willing to sell their interests in the property to you .... We are currently arranging for a valuation of our client`s interest" Again, who should be paying for the solicitor, surveys, valuations? Do both their interests have a monetary value?
4. The executors are moving into Care Home/Sheltered Housing so no longer able to personally occupy the house. Does this end their "life interest" before either has died?
I hope someone can give definitive answers, preferably with examples from statute or cases. It seems to be quite a particular situation. I am grateful for any input.
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