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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am a co-executor of my late fathers will. We are almost at

Resolved Question:

I am a co-executor of my late fathers will. We are almost at the end of the probate process. The house was sold last Friday and I discovered on Saturday that £900 was deducted from the sale price towards replacement of brick ties in the house. I had not agreed this with the solicitors undertaking the conveyancing and probate nor was I even consulted. One of my sisters, co-executor, had apparently authorised this allowance for expediency. My questions are : 1) Should the solicitors have consulted all three executors on this issue ? 2) Can I take any action against my sister as co-executor ? 3) Can I take any action against the solicitors ? Your response would be much appreciated in order to determine how I move forward.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

So I am 100% clear, are just you and your sister Executors?
Do you both communicate and liaise with the Solicitors or have you, for example, given authority to the Solicitors that they can deal solely with your sister?

Do you know if the £900 reduction was demanded by the Buyer or was this work actually carried out before completion?

I take it that you and your sister are equal beneficiaries and no other person is a beneficiary?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

I am an executor along with both my sisters. All three have equal access to the solicitors and I have not given any authority to the solicitors to deal solely with my sister. She is perhaps the one who "shouts loudest" but has no more authority than myself or my other sister. The £900 was half the cost of the work required and was demanded by the buyers solicitors. My sister informed me of this and I advised her that under no circumstances would I agree to this and I would be prepared to cancel the sale and resell to somebody else. I asked her about it last week and she said it had not been mentioned. My solicitor advised me to day that my sister had authorised the deduction without consulting me further. Nor did the solicitor contact me as an executor. Myself and my two sisters are equal beneficiaries. The money involved is of no consequence. It is a point of principle on who can act and with what authority.

Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Thanks for your reply.

Executors have equal power and all of them have to agree unanimously on all decisions. A Solicitor acting for the Executors is therefore under an obligation to take each Executor's instructions over any and every matter, unless there is an Authority on the file stipulating that instructions can be taken by just 1 or 2 Executors.

Therefore, the Solicitor should certainly have consulted all 3 of you before agreeing to this allowance of £900. As the money is not the point here, you may wish to ask for the Solicitors complaints procedure and take it from there.

Please let me know if you need to clarify anything further.

Kind Regards
AL

Customer: replied 3 years ago.

Thank you very much. Your answer is extremely helpful and I have given you positive feedback. Regards.

Expert:  Aston Lawyer replied 3 years ago.

Many thanks John.

All the Best

AL
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