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Changing executors!

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  • Changing executors!

    Hi there! Have posted before (March 2023) with regards valuation on my mothers house and we are still waiting on completion of estate! My mother died back in September 2020 and probate was granted December 2021 with my sister having power of attorney and also named in will as executor with her daughter as next in line if my sister refused to be executor. My sister decided not to be executor but nominated her husband as administrator of estate and since then it's been excuse after excuse for delays. My brother and I live abroad and my sister wanted to buy myself and my brother out of the property which is fine but it's now been 2 years since probate and excuses they've given have been waiting on pension transfer or waiting on buy to let mortgage and arguments with nursing home/council over monies owed or not owed. Just a little concerned as my brother really needs the money and is the changing of executor/administrator of estate (as my sister now seems to be now taking over as her husbands mother is ill) legal and above board? I do actually know who the solicitor dealing with this is but according to my research he does not have to talk to me. Thanks in advance.
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  • #2
    Under a post in your first thread you said probate had been ongoing for over 2 years. Now you say probate was achieved in 15 months. Is your sister, as executor, taking advantage of the fact you live abroad and not keeping you properly updated?
    Had the property been advertised and sold soon after December 2021 you and your brother would have received a significant amount of money to invest. As interest rates have increased in the last year or so, you have both missed out on investment income.
    Has your sister been living in the property rent free?
    Unless there is good reason, beneficiaries if they haven't been paid within1 year after probate, may be entitled to claim interest. It doesn't sound like your sister's excuses, dispute with the nursing home and difficulty obtaining a buy-to-let mortgage is a good excuse.
    You should write to your sister politely, remind her of her executor's duties and your parents wishes covered in the will. Say your wait for your inheritance has been going on far too long.

    Comment


    • #3
      Originally posted by Pezza54 View Post
      Under a post in your first thread you said probate had been ongoing for over 2 years. Now you say probate was achieved in 15 months. Is your sister, as executor, taking advantage of the fact you live abroad and not keeping you properly updated?
      Had the property been advertised and sold soon after December 2021 you and your brother would have received a significant amount of money to invest. As interest rates have increased in the last year or so, you have both missed out on investment income.
      Has your sister been living in the property rent free?
      Unless there is good reason, beneficiaries if they haven't been paid within1 year after probate, may be entitled to claim interest. It doesn't sound like your sister's excuses, dispute with the nursing home and difficulty obtaining a buy-to-let mortgage is a good excuse.
      You should write to your sister politely, remind her of her executor's duties and your parents wishes covered in the will. Say your wait for your inheritance has been going on far too long.
      Many thanks for your response. I only found out about probate being granted in 2021 recently. My sister has not been living there as she wanted to keep property and rent out which she has done so we will be getting a share of the rental income and we agreed that she could keep property so really we should have forced her to sell once probate was granted but little did we know she and her husband would mess around for another 2 years! Are you suggesting we could sue my sister and her husband for interest? Thanks.

      Comment


      • #4
        Which do you want, a share of the rental income or interest? You can't have both.
        If you and your brother agreed to the property being let then you can't sue your sister.
        When you made the agreement was a time limit set for renting the property?

        Comment


        • #5
          Originally posted by Pezza54 View Post
          Which do you want, a share of the rental income or interest? You can't have both.
          If you and your brother agreed to the property being let then you can't sue your sister.
          When you made the agreement was a time limit set for renting the property?
          Thanks again for coming back to me! yes, we are going to be receiving a portion of the rental income, we did agree that she could rent and no time limit was set but it's frustrating that for the past 2 years they seem to have been lying about who is executor/administrator and how long this process will take. If we had been given a timing of some sort everything would have been fine but they have just constantly said 'these legal things take time' which I understand but extremely unhappy with the whole situation. Looks like there is nothing we can do just didn't expect my own flesh and blood to be so evasive with the truth.

          Comment


          • #6
            Originally posted by Pezza54 View Post
            Which do you want, a share of the rental income or interest? You can't have both.
            If you and your brother agreed to the property being let then you can't sue your sister.
            When you made the agreement was a time limit set for renting the property?
            Hi again, so yes we did agree that it could be let though she needed to buy our share out of the property though not in writing and we are still waiting. Latest is now that she has to chase the mortgage broker even though she said months ago that they are waiting to sign on the dotted line. It just seems a constant litany of lies, excuses and delaying tactics. Is there any way we can now force her to sell the property on the open market? Thanks in advance.

            Comment


            • #7
              You and your brother, as main beneficiaries, need to apply to the court to remove your sister as executor and a substitute appointed.
              If your sister disputes your application in court, it could take 12-15 months and legal costs on average may be 15k

              Comment


              • #8
                You will need the services of a good Contentious Probate Lawyer to make an application to the High Court under Section 50 of the Administration of Justice Act 1985

                Comment


                • #9
                  A warning letter from the barrister may scare your sister into selling the property quickly and avoid expensive court and legal fees.

                  Comment


                  • #10
                    Meant lawyer not barrister in my previous post

                    Comment


                    • #11
                      Originally posted by Pezza54 View Post
                      Meant lawyer not barrister in my previous post
                      Many thanks for coming back to me so promptly. Will get a solicitor to send a warning letter but also wondered whether or not we could add into that letter we would now like the house sold on open market and she cannot let it out for rent? Appreciate your help.

                      Comment


                      • #12
                        You should tell your solicitor that although you and your brother agreed at the time to the property being rented out, your financial situation has changed and you both require the property to be sold. Hopefully the property was rented on a short-term let basis.

                        Comment


                        • #13
                          Originally posted by Pezza54 View Post
                          You should tell your solicitor that although you and your brother agreed at the time to the property being rented out, your financial situation has changed and you both require the property to be sold. Hopefully the property was rented on a short-term let basis.
                          Thank you

                          Comment

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