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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Mrs died in 1993. She had four children (A,,C and D) and

Customer Question

Mrs B died in 1993. She had four children (A,B,C and D) and appointed B and C as her executors and trustees under her will. The deceased also left her residuary estate to her four children and there were no other legacies in her will. B is now in dispute with C and D regarding the administration of the estate. D is resident in the deceased's property (which is also the only substantial asset of the estate) and has refused to move out. D does not currently pay any rent to the estate and has changed the locks etc. and is refusing to move out and sell the property. C is reluctant to to disturb the status quo which would alienate D. Is there any way in which D can be removed from the property and it be sold? Can B as executor make the application for an order of sale alone? If so, what application would need to be made to the court?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Why has there been a 20 year delay in dealing with the Estate?

Customer: replied 10 months ago.
Brother D was resident in the family home at the time mother died. The will provided for him to stay for 5 years. At the expiry of 5 years the house was to be sold and the proceeds divided equally between the 4 children but D resisted and Executors, brothers B and C, did not force the issue. Now B is fighting cancer and wants to ensure that the extended family, who are not well off, gain the benefit they are entitled to when he dies. C is very wealthy and has no children.
Customer: replied 10 months ago.
Oh, mother's solicitor dealt with Probate and the property is registered with the Land Registry in the names of the Executors, brothers B and C.
Expert:  Clare replied 10 months ago.

In fact C should be reminded that as an Executor he is personally liable to A and B in respect of the sums due to them under the terms of the Will

Indeed if he does not wish to disrupt the status quo then he may wish to considering "buying out" half of the house so that A and B have the money and he and D own the house in unequal shares

If he does not wish to do that then A and B can apply to the Court to have C removed as an Executor due to his failure to act in respect of the sale.

B can then apply for an Order forcing D to leave so that the property can be sold.

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Might it be in D's interest to get it sorted? Would I be right in thinking that if A, B or C were to die then the house could be sold as part of their estate and D might be evicted?
Expert:  Clare replied 10 months ago.

That is indeed the case

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