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Joint executors/beneficiaries disagreement

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  • Joint executors/beneficiaries disagreement

    I am joint executor along with my Sister for our Father's will, we are the only beneficiaries.
    His house is now ready to go on the market ( we have grant of probate) , title has not been transferred to us .
    it's a nice house but very dated and needs fully modernising with new kitchen/bathroom and probably a full rewire, it also needs a couple of ground floor joists replacing along with crumbling artex in the hall so around £20k needs spending.
    She wants to market it at £5k higher than the highest valuation (we had 4) she thinks she knows better than both myself ( I live very locally) and the Estate agent we've chosen, who sells the majority of houses here. We are in a much cheaper area than even a mile or two away, which she can't or wont understand and tried to argue with the estate agent.

    They crazy thing is that she agreed a sale to a potential cash buyer for £15k less than the figure she now wants, which would have been a 10% reduction by her 'valuation' - it was more like a 4% drop for a quick sale , unfortunately said buyer pulled out.
    She also says she doesn't care if it sells or not - she is not in a position to buy my 50% and she knows we would like a quick sale in order to help our daughter to buy a home before the Stamp duty freeze ends, given that she had saved a deposit then banks pulled all the 95%ltv deals.
    It's now spilled over into pure malice on her part, she's said some pretty unforgivable and untrue things, which, after 6 months of hell trying to care for Dad until his death sorting out the house etc. and being a key worker doing 12hr shifts, (she was furloughed in March so able to do more for Dad - has pretty much destroyed our relationship.
    I thought to ask her to pay for a full Rics survey/valuation if she's so certain that she is right and I would refund her if she was, but I just know she won't and it will just make her dig in even more so it seems we're stuck.
    I don't want to get drawn into her game, I could refuse to transfer her half of the cash assets (only a few thousand) when they come through but if there is any legal recourse it would make me look just as bad.
    I just hope that when she has to start paying bills on the place, she will see sense, given that she quibbled over paying a few ££s a month for boiler cover, she was shocked to find that council tax will need to be paid after 6 months and that the heating will need to be on for insurance purposes too. Unfortunately there is nobody else in the family she would listen to, not even her husband can talk sense into her.
    My only real questions are - legally, as an executor, can she turn down perfectly reasonable offers assuming we get any, and effectively hold us to ransom ?
    Can I do anything at all to force a sale? I don't want to undersell the house, just a reasonable and fair price.
    Tags: None

  • #2
    Without the agreement of your joint executor you cannot move forward.
    If the two of you cannot compromise the division could become expensive with you both instructing different solicitors, and it even ending in the Supreme Court. (far fetched but it does happen)

    As matters already seemed to have deteriorated I would not be prepared to distribute any assets until the estate accounting was complete.

    Regarding the house, why not go along with her marketing figure, but let the estate agent know you will entertain offers.
    Prospective buyers (in my experience) never offer the asking price anyway.

    If you only receive offers way below the asking price, your sister might give way.

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