How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

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: 2 years ago.
Category: Law
Expert:  Clare replied 2 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 2 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 2 years ago.
Hi
What steps have the solicitors taken to trace her?
Clare
Customer: replied 2 years ago.
Contact her at her last known addresses.
Expert:  Clare replied 2 years ago.
Hi
What have the Solicitors said about the position?
Clare
Customer: replied 2 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 2 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice