Unreasonable demands from the Administrator?

[EG2024]

I have a very simple question but struggling to find a simple answer?

I am a beneficiary to an estate which was varied and agreed by way of Deed of Variation along with the other beneficiary's and it was agreed that I would inherit my house plus some land and buildings which I have lived in/occupied for the best part of 25 years...

The Deed reads as follows (obviously non disclosing any main details)

• I give my property known as "W********e H***e" (full address) including the gardens, driveways and buildings to (said beneficiary) and his wife absolutely.
• I give my property known as 3.18 acres of meadow at (full address) including the barns and the small area of land opposite the barns situate on it to (said beneficiary)

A meeting was held between all beneficiary's and a Deed of Variation signed, and I though all was sorted, but now the administrator (who is my next door neighbour) has presented me with the land registry forms so as to sign everything over with what I can only describe as ridicules clauses..

• Right of way on foot via my drive
• Shared right of way and use of my gardens and buildings
• Shared use 3.18 acres of land and barns

I have contacted the administrator to ask the clauses are removed as not agreed on the Deed of Variation and was ignored, but have now received a letter from there solicitors advising the administrator will not sign or sign over anything unless the demands are meet and all rights of way given.

Where do I stand can an administrator demand anything once a Deed of Variation is agreed?

For reference the administrator is wife of the deceased

[Pezza54]

"Absolutely" in a will or deed of variation means a beneficiary inherits in their own right without conditions or restrictions.
If the deed of variation was executed properly, signed by the beneficiary giving up their inheritance, then it is legally enforceable and cannot be undone.
Did the beneficiaries concerned consult a solicitor to draft the deed of variation?
Does the beneficiary of the meadow require a right of way across the property you are due to inherit for access to the meadow and barns?
If not, has the administrator provided a reason for wanting these changes to the variation?

[EG2024]

The administrator had the deed of variation drawn up by there own solicitor(s) and there own solicitor has advised they are happy the deed of variation been executed properly..?

The administrator needs no access across land and buildings

The administrator now claims to need access to my drive and gardens to access a rear door to the property they live in.. the door was only recently installed (after Deed of Variation) and the administrator has not used the drive, gardens or door to property for the best part of 20+ years ?

The administrator had there own access to said door but closed it off last year? so can no longer access via original method?

[Pezza54]

You should consult a solicitor specialising in deeds of variation as the amendments the administrator wants to the land registry are significant, not in accordance with the executed deed of variation and unacceptable to you

[PallasAthena]

I agree with advice above to consult a solicitor specialising on property. If you conceded to the demand to create new rights of way across your property it could significantly affect you when you wanted to sell the property in the future. It would likely reduce its value and make it harder to sell.

Prospective future buyers do not want to buy a house which someone else has rights of way over and a right to a shared use garden. It made me wonder if the administrator is hoping that when you do want to sell you will find it unsaleable and will be forced to sell it to the administrator at a cheap price.

[EG2024]

I have just involved a solicitor who has wrote to the administrators solicitors and this was the reply..

"As to the AS3 any rights (weather granted or reserved) would be a matter for this transfer deed and benefit your client as much as ours. We do not accept that these should have been included in the Deed of Variation and do not agree that anything can be implied by the absence of any rights in the Deed of Variation"

"We repeat that we are not instructed to accept service of documents"

[PallasAthena]

The obvious first question is how Accepting "AS3" would benefit you?

Unless "weather" is the result of your auto-correct I'd like to think that a solicitor could spell 'whether' correctly!

[Pezza54]

Has your newly appointed solicitor explained to you how form A53 used under the Adoption and Children Act is relevant in this case?

[EG2024]

Accepting the "AS3" would would benefit me as it would transfer the property, drive, gardens and buildings as agreed in the Deed of Variation to myself.

However to do so with the clauses and rights of way added into the "AS3" by the administrator and there solicitors when drafting the "AS3" would certainly not, and this was not agreed in the Deed of Variation.

Agreeing on these terms would in fact devalue the property massively and make the property virtually unsaleable.

I would never have agreed the Deed of Variation on those terms.

Slightly concerning I have noted the solicitors in question have acted for the administrator and her late partner for some years, they drafted the Deed of Variation and now the land registry documents, on top of this they are also acting on behalf of the administrator in a personal capacity, surly to do so would be a conflict of interest, and there main goal would be of benefit to the administrator?

"Unless "weather" is the result of your auto-correct I'd like to think that a solicitor could spell 'whether' correctly!"

No copy and pasted! so they can't spell!

[EG2024]

"Has your newly appointed solicitor explained to you how form AS3 used under the Adoption and Children Act is relevant in this case?"

No?

I am hoping to have a meeting with them later this week, but before I do I would love some information?

[Huxie]

Has your newly appointed solicitor explained to you how form A53 used under the Adoption and Children Act is relevant in this case?

Form AS3, not form A53.