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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34137
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If a co executor is not contactable, can the sale of a house

Customer Question

If a co executor is not contactable, can the sale of a house (the only item) in an estate be sold as outlined in the will for the beneficiaries who are waiting on the proceeds. The other co-executor is a solicitor firm. The house has been sold subject to STC and grant of probate has already taken place 9 months ago.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who has obtained Probate?
Where is the other executor and why can they not be contacted?
Clare
Customer: replied 3 years ago.
The solicitor obtained grant of probate after co executor signed the forms and it was applied for. Co executor cannot be reached due to number change and moving. She left no contact details.
Expert:  Clare replied 3 years ago.
Hi
What steps have the solicitors taken to trace her?
Clare
Customer: replied 3 years ago.
Contact her at her last known addresses.
Expert:  Clare replied 3 years ago.
Hi
What have the Solicitors said about the position?
Clare
Customer: replied 3 years ago.
At first they said they could proceed without her to sell the house because if they can't get ahold of her, they can't lose the sale. But then we received a letter (they're also doing conveyancing) which says she will need to be a party to the execution of the contract and transfer deed as she is one of the executors of my fathers will. Since receiving that letter I've attempted to contact their office but received no reply due to busy schedules. We have a buyer for the house and accepted and offer, hence now asking on justanswer for clarification.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that the other Executor does have to sign unless a Court Order is obtained removing her
Since then knew that there was a property involved I am a little surprised that the solicitor did not ensure that Contact was kept up.
At this stage the easiest way to deal with the matter is to get an Enquiry Agent to trace the missing Executor - it usually costs about £90 as the court process is not cheap
Given the fact that they misled you to start with I would suggest that you ask the solicitor to foot the Enquiry Agents bill!
Please ask if you need further details
Clare