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  • Needhelp1234

    Last year I settled for 30% of my father's estate under the Inheritance Act of 1975. My cousin (executor) and his sister got the remainder. Under the signed agreement both myself and the executor would pick an estate agent who would put the house on the market jointly.
    The executor is a bit of a scam artist who is constantly in and out of trouble with friends and family.
    No sooner was the agreement signed then the executor put the house on the market without my estate agent being involved.
    Now, I hear the executor promised but never signed the estate agent's contract.
    I worry about what is coming next.

    Is the executor guilty of Breach of Contract?
    If so, what can I do about it?

    Assuming this is a voidable contract, can the wronged party (me) choose to continue with the agreement or not?
    Would this have to go to court?
    If so, how long would this take? and the cost?
    Tags: None

  • #2
    I would be more concerned with the time being taken to market the property potentially causing a long delay in you receiving your inheritance.
    If more than one agent is appointed to sell a property then they may have a different fee arrangement that costs more than sole agency. Selling using more than one agency could reduce the value of the estate and affect your inheritance significantly.


    • #3
      To PEZZA54:
      You make a good point about having 2 estate agents reducing the inheritance.

      However, should I be concerned with the report that the executor has not signed a contract with the estate agent?
      Is this legal?
      The executor has a history of making promises but never keeping them.
      Could this affect the sale?


      • #4
        I am surprised the agent marketed the property without a signed agreement. The agent is at risk of not receiving his fee if the property sells.
        If the agent withdraws the property from the market you should be concerned, about another undue delay.
        Keep watching rightmove to check the property continues to be advertised.
        On 3 September I posted under "Beneficiary is a minor" about redkite solicitors article regarding executor disputes. Have a read of this article. It might help you think about your next move.


        • #5
          To PEZZA54:

          Thank you for your help.


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