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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Mum & Dad made their wills as Tenants in Common, On Fathers

Customer Question

Mum & Dad made their wills as Tenants in Common, On Fathers death his will left half of the property in trust of 1/3rd to his son & 2/3rds to his daughter giving Mum life interest. Both son & daughter were executors on Dads will.
On Mums will she stated that all her estate was to come to daughter & son in law who are both executors to same.
The son objected to his Mothers will & prevented grant of probate until a year after her death. The daughter & son inlaw now have probate - granted 7th Jan 2013. Now the final question is the son is holding up proceedings even though there has been 7 valuations 1 of which the son commissioned a Surveyor, but to date he has not disclosed the value.
What if anything can be done to execute the will regarding the property.? We are willing to buy out his 1/6th of the property as we have lived here for 12 years caring for both parents.
Trevor.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
What have the other six valuations said?
Claire
Customer: replied 3 years ago.

ranging between 350,000 to 400,000

Customer: replied 3 years ago.

350,000_4oo,000

Expert:  Clare replied 3 years ago.
Hi
Do you know what figure the son wants it to be?
Claire
Customer: replied 3 years ago.

no we do not have any communictions with him

Expert:  Clare replied 3 years ago.
Hi
Have you completed the Assent of the Mothers share into your names?
Claire
Customer: replied 3 years ago.

no

Expert:  Clare replied 3 years ago.
Hi
Is there a reason why that has not been completed?
Claire
Customer: replied 3 years ago.

Have not been advised to sign any forms relating to the assent of Mums share of the property. How do we go about this?

Customer: replied 3 years ago.

are you still checking for answers trevor

Customer: replied 3 years ago.
Relist: Other.
not had an answer yet
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
It would be sensible to get an AS1 signed now so that the ownership position is clear.
As joint owners you can apply to the court for an order for the sale of the property. I appreciate that this is not in fact what you wish to happen - but it would give you leverage in your negotiations with your brother in law.
The court can set the sale price - which you can then use to make the offer in respect of his share - bearing in mind that he will also face an Order for Costs in respect of the Court Costs
You would be doing this as joint owners of the property - not as executors.
I hope that this is of assistance - please ask if you need further details
Claire

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