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Stopping the Sale of Property

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  • Stopping the Sale of Property

    My mother passed away and left me as executor of her property. The property is on for sale, meanwhile, I am maintaining the flats costs etc.

    My sibling is trying to trying to stop the sale by saying he will contact the land registry.

    Can he do anything.

    Thank you.
    Tags: None

  • #2

    Condolences on your mother's passing.

    Are you saying your mother's will appointed you as executor?
    If so have you obtained a grant of probate?

    Does the will specifically mention how the property is to be disposed of?
    Was the property owned solely by your mother?
    Was the property in trust?
    Is there another joint owner ?
    Is there another beneficial owner?

    Is the sale of the property proceeding with a prospective purchaser?
    Is the purchaser a beneficiary of the will?
    Is the sale price at open market value?

    Are you selling through an estate agent, and if so did you obtain quotes from other agents?
    As executor you need to balance the interests of the beneficiaries in selling reasonably soon, and your duty to get a fair price and commission rates.
    Failure could let you be sued by beneficiaries.

    Why does your brother want to stop the sale progressing?
    Has he said why he thinks he can stop it (which is unlikely if there is no legal reason)?

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