Applying for removal of co-executor

[Guest]

Please help shed some insight on the way forwards, so I can be better informed when I contact my solicitor.

My sister is co-executor of our parent's estate, split between us 50/50. It consists of property of which the value we disagree (she does not 'believe' the estate agent valuations, also says she has performed considerable work to uplift the property, all work was done before probate was achieved might I add). It also consists of bank accounts. She says she will not co-sign any distribution of the bank accounts until we come to an agreement on the property value.

I think I have a clear case to apply to the court to have her removed as co-executor. Or at the very least, threaten to do so, and make the initial costly applications.
1) Do I have a case
2) If she doesn't respond to a stern letter stating intent from my solicitor and we move ahead with applying to court, what evidence should I collect
3) What are the costs of each stage likely to be. I'm in a financial crunch right now.

[PallasAthena]

Are you planning to sell the property? If so just put it on the market and see what offers you get. What you can sell it for is its value.

[atticus]

I agree.

This sounds like a case for sensible discussion, and not expensive litigation. Do bear in mind also that you surely want to manage this in a way that does not do untold and possibly irreparable harm to your relationship with your sister.

[Guest]

I agree.

This sounds like a case for sensible discussion, and not expensive litigation. Do bear in mind also that you surely want to manage this in a way that does not do untold and possibly irreparable harm to your relationship with your sister.

Respectfully, we did not and do not have a good relationship. She is barring execution of the Will.

[Guest]

Are you planning to sell the property? If so just put it on the market and see what offers you get. What you can sell it for is its value.

If it were as easy as that we would have done it a long time ago. She doesn't want it sold, she wants to own it. She also holds all keys for the property so I can't arrange to put it on the market. My solicitor advised me not to go barging in changing locks but engage in discourse. Several thousand pounds later, I'm still no closer to getting access or putting it on the market.

[atticus]

Then ask your solicitor what he recommends as effective action, and what it is likely to cost.

Edit: I see that I suggested a form of action in post #2 of your first thread here, back in March - https://legalbeagles.info/forums/for...16#post1702516

[PallasAthena]

If it were as easy as that we would have done it a long time ago. She doesn't want it sold, she wants to own it. She also holds all keys for the property so I can't arrange to put it on the market. My solicitor advised me not to go barging in changing locks but engage in discourse. Several thousand pounds later, I'm still no closer to getting access or putting it on the market.

I see you have started multiple threads about this which just confuses and wastes people's time.

[Guest]

I see you have started multiple threads about this which just confuses and wastes people's time.

Answer the questions at the top of this post, which I have not posted before, or keep your unhelpful comments to yourself and do not answer at all.

[Guest]

Does anyone come here to actually offer help, or just show off?

[Guest]

Then ask your solicitor what he recommends as effective action, and what it is likely to cost.

Edit: I see that I suggested a form of action in post #2 of your first thread here, back in March - https://legalbeagles.info/forums/for...16#post1702516

Good God. I actually stated my intentions and specific questions at the top of this post. Each solicitor email costs me a couple hundred quid. I'm trying to get advice here so I don't end up zinging emails back and forth. If you have no advice then do not answer!!

[Guest]

I see you have started multiple threads about this which just confuses and wastes people's time.

And if you are the one posting self-important replies on a free messageboard, VIP member, I can only assume you have a lot of time to waste.

[atticus]

You have shown no sign of engaging with the advice that you have been given across several threads.

You also cause me to suspect that you may be a significant part of the problem. If I am wrong in that, perhaps you can reflect on the impressions you give.

[PallasAthena]

And if you are the one posting self-important replies on a free messageboard, VIP member, I can only assume you have a lot of time to waste.

I can only assume you are an entitled person who thinks there is no need to be polite. Not a good way to get help.

[Tofros]

Agree on the value for what purpose?

You must have had it valued for probate in order to get probate. Is it agreeing the value at which to list it?

The price at which it is sold will determine its actual value and it will not sell if overpriced and you will have to reduce it. Do you think it is a ploy to stay in residence longer?

Have you explained that any sale above probate value will trigger CGT on the uplift anf the costs which might be involved in trying to get the cost of improvements taken into account for that ( if it is even possible - wiser heads can I’m sure opine on that). Have you raised the prospect of her paying half rent for occupation after the death of the testator for of the half she is not entitled to? Have you tried suggesting she buy you out at the inflated value?

[EXC]

Thread closed.