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Asset found 18 years after Probate

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  • Asset found 18 years after Probate

    I found some land still registered to someone who died in 2004.No one knew of this land,including the deceased.
    The land was previously owned by her father.
    I managed to track down the two Executors and agreed with one of them (a Beneficiary of the will) to purchase the land at the price it has been valued at.
    The second Executor (not a Beneficiary) refuses to act on this and ignores all telephone calls etc.
    Is there a way around this by just using one Executor and are they still able to sell this land after 18 years ?
    Thanks
    Tags: None

  • #2
    The delay does not intrude on the legailty. The point of registering the title is exactly to preserve the position pending a future sale.

    You do however need both executors. Where one refuses to participate it is for the other to apply to court to have them fulfil their promise on taking out the grant all those years ago.

    Comment


    • #3
      Thank you DSLIPPY.
      Can the non participating executor pass responibility to another person who happens to be his nephew.
      He is basically saying don't bother me as i am now retired and to deal with his nephew who is also refusing to cooperate.
      This has been dragging on for a few months now and my solicitor is not getting any reply from them.
      Thanks

      Comment


      • #4
        Someone needs to tell him that executors duties and liabilities do not cease on retirement, only on death!

        Comment


        • #5
          IMO the executors should consult the beneficiaries.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            The executor has sworn to do something. He must do it himself. He cannot simply retire, but needs the consent of others.

            Comment

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