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Family member the executor of the will - ganged up on and left out of decisions

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  • Family member the executor of the will - ganged up on and left out of decisions

    My brother in law has been made the sole executor of my late mothers will as stated in her will
    There is only myself and sister in the will
    Before mother died she made my sister and myself 1/3 owners of her bungalow and the land she owned
    My sister and i do not have a great relation ship and now with her husband being executor im feeling very pressurised and ganged up on
    I did ask for this to go through a solicitor but he did not want to
    he has no separate holding account for the estate monies he is using his own - which i did ask for him not to do
    They put the house on the market agreeing a selling price without consulting me
    He has now banned me from a property i own a third off
    If i contact the estate agent - asking if there has been any interest - the estate agent has been instructed to contact him only regarding the property
    He is now asking that i gift my third of the bungalow and land back to my mothers estate to stop my having to pay CGT on the money i received from the estate
    How do i gift a dead person their third back - is this something to be done by drawing up documents and signing it over - therefore he will have (along with my sister ) full control of the estate -
    Should i do this i just feel railroaded by him - any advice would be gratefully received
    Tags: None

  • #2
    This is clearly unfair. I don't He can stop you appointing a solicitor to act on your behalf. I suggest finding one who gives free initial consultation and go from there.
    Don't rush to agree anything.

    Comment


    • #3
      Condolences on the loss of your mother.

      When the property was transferred to the ownership of three of you, was it as joint tenants or tenants in common?

      Comment


      • #4
        here the thing with this DES8 - the transfer of the property to myself and sister was done in 1988 however the original contract can not be found it is not with solicitor or in th paperwork we have - however we have a letter referring to the contract a year later - so it acknowledges that the transfer happened - i would assume tenants in common - i think ...

        Comment


        • #5
          As it stands with myself having a third , my sister having a third and now her husband acting on be half of a third are they in a position to over rule any decision made i.e vote in favour one way or the other regardless of my preference or choice?

          Comment


          • #6
            So first up check the register to see how you own the property, cost £3 here: https://www.gov.uk/search-property-i...-land-registry

            Comment


            • #7
              This has been done and it is showing that the house has not been registered with the land registry where does that leave us ?

              Comment


              • #8
                Someone must have the deeds.
                You really need professional help if you don't even have a copy of the deed gifting you a share of the property!

                As a tenant in common they cannot proceed with a sale without your permission, and they cannot ban you from the property.

                As per Scot22 initial fixed fee consultation to see what options you have

                Comment

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