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Executors doing their own thing

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  • Executors doing their own thing

    Hi it's me again.

    As my brother and I are joint executors and both granted probate.
    Is it correct that any work done to, or clearing of the property by one executor can't be done without the permission of the other?
    Tags: None

  • #2
    No. That is not true. Certain things such as signing papers to sell property will require both signatures.
    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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Please google "co-oplegalservices.co.uk what happens if joint executors disagree" and read the short article.
      The article does not state that an executor needs the permission of a joint executor to carry out executor's duties administering the estate.
      Disagreements between joint executors are best negotiated amicably.
      If this is not possible, an executor or main beneficiary can apply to the Court to have an executor removed.

      Comment


      • #4
        So it's ok that he cleared (skipped and disposed) the house of my property and my parent's property and worked on the house without telling me?

        Comment


        • #5
          [sorry - deleted]
          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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            You and your co-executor need to work together. We do not know how much of the responsibility for the damaged relationship you each bear.
            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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              On 10.2.2022 you posted your brother had skipped your possessions This was 18 months ago. Has your brother been living in your 50% share of the house since your mother died in 2021? Seems unfair if your having to rent another property.

              Comment


              • #8
                Please google "co-oplegalservices.co.uk what happens if joint executors disagree" and read the short article.
                The article does not state that an executor needs the permission of a joint executor to carry out executor's duties administering the estate.
                Disagreements between joint executors are best negotiated amicably.
                If this is not possible, an executor or main beneficiary can apply to the Court to have an executor removed.


                This is all very well but with respect, this is extremely costly and takes time

                Comment


                • #9
                  True, probably very expensive, but this is a legal forum. If SL's relationship with her brother has completely broken down, SL could try contacting the Family Mediation Council which could be a cheaper solution.

                  Comment


                  • #10
                    "On 10.2.2022 you posted your brother had skipped your possessions This was 18 months ago. Has your brother been living in your 50% share of the house since your mother died in 2021? Seems unfair if your having to rent another property."

                    He's been there three years. Probate was granted Nov 2021.
                    My mother died in 2020 I was living in the house until September that year just after she died. I offered my brother the opportunity to buy my half, he moved in straight away and emptied the home of everything he didn't want. Meanwhile I was in my own home (so no rental) not knowing what he was up to. He couldn't get a mortgage so decided to get a buy to let mortgage (fraudulently) I refused to sign the land registry paperwork that allowed him to go ahead with the fraud. He's finally agreed to sell.

                    Comment


                    • #11
                      We have a mediator helping us.

                      Comment


                      • #12
                        So the property could have been sold early 2022, about 18 months ago.
                        By messing around trying to get a mortgage your brother has caused you to miss out on the investment of your 50% share of the sale or 50% of the rental value.
                        As interest rates rose in the last 18 months house prices have fallen.
                        If your brother argues he should have more than 50% because he has carried out improvements you should argue the house has lost value as interest rates increased

                        Comment

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