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Claim interest on estate?

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  • Claim interest on estate?

    Can I claim interest on a payment not received?
    Under the intestate rules I received a share in my parents property.
    I only discovered this when I was copied into an email by the solicitor. I stated I wished to sell my share of the property
    My brother appoointed himself executor & is living in the property - long story short - he threatened to commit suicide if he was made to sell the property.
    He agreed to sell the property as part of my Mother's estate within 3 years of her death, so the property was registered with the Land Registry in joint names, I insisted this was as tenants in common not joint tenants.
    The house has not been sold & it is now nearly 4 1/2 years since her death.
    Can I claim interest from the end of the 3 year period?
    If my brother can not pay the interest, can I put a " charge" or something on the property?
    Tags: None

  • #2
    Will the property have increased in value in the intervening time since the expiry of the 3 year period?
    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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      The property was in a poor condition at the time of my Mother's death & has probably deteriorated since her death. So I don't expect to be liable for capital gains tax if by some miracle it is sold

      Comment


      • #4
        Looking at a house price checking website the valve of the house is roughly the same as the probate valve.

        Comment


        • #5
          This is not about CGT.
          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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            To the best of my knowledge the property will not have increased in value

            Comment

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