Land split and probate

[deckster]

Hi there,

This may be better placed in the conveyancing section, but here we go.

Keeping it brief:

• I'm co-executor of my deceased neighbours estate along with one of his relatives.
• I'm also beneficiary, inheriting half of his orchard - not a huge plot, probably 0.25 acre
• The other executor gets the rest (other half of orchard and house/garden) as residual beneficiary
• The orchard was unregistered so as executors we got it first registered with Land Registry through a solicitors and into the co-names of the executors (on behalf of the estate) - this was completed 12 months ago
• The house/garden has now been transferred out to the other executor but the orchard in totality still remains registered to the estate.
• We have agreed that the orchard now needs to be split and re-registered to each executor as per the will.
• The house/garden and his half the orchard (still wrapped up in the estate) is now being advertised for sale as one lot.
• The other executor wants to do the next step of conveyancing themselves without using a solicitor despite zero background or history in this, on the basis that it's too expensive - as I understand it, this involves 2 x TP1 forms, but beyond that I'm also a novice.
• His half of the orchard has a track, which our property and his property both have a vehicle right of way over plus a public footpath - neither of which were recorded in the title deeds on first registration 12 months ago
• There's no cash or any other assets left in the estate now.

I've pushed back as executor and said it needs to be handled by a solicitor (despite the cost) since I'm not comfortable with the risk of getting the forms wrong, plus the rights of way haven't been addressed. Plus surely if they are planning on selling the house and orchard part, they need to get it right this time, ready for the next step. The next set of solicitors are bound to find a problem which will make the process start all over again? His argument is that he will need to pay personally since there is no money left in the estate - obviously this would be negated by a house sale, plus it would take too long to engage a solicitor (presumably since they are looking to sell it)

I'm also not happy that the house and half the orchard are being advertised for sale as one lot, since I (as executor and co-owner of half the orchard) have not been consulted or involved in the estate agents discussions - I have no idea how they intend to sell it.

Am I being unreasonable?

[atticus]

No. This is not a case of a simple transfer of the whole of the land in a title. There will be rights and reservations to be got right, as well as clear identification of each part.

DIY now risks creating problems that will cost much more to sort out later.

[deckster]

Thanks.
This was also my thinking so I’m grateful. I’m also fearful (rightly or wrongly) of the strongly worded section of the land registry forms that imply you could be liable for fraud if you know something which you don’t declare which could have a financial impact on another property (or worded thereabouts)

I’ve also reminded the other executor that we should be making the best decisions on behalf of the estate, and potentially be able to defend those decisions legally in the future. This doesn’t feel like an easily defensible position to be made purely because it’s too expensive.