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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am one of 2 executors handling the sale of my mothers property.

Resolved Question:

I am one of 2 executors handling the sale of my mothers property. My sister who was one of executors has just also died, leaving me sole executor. My mother left a simple will and we have probate granted. My mother left the property split between myself and my sister, I am continuing to deal with the sale and assume her part will automatically be going to her family ? what do I need to do ? appoint another executor or is it ok to carry on by myself ?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Please accept my condolences for your double loss.

Joshua :

May I ask if your sister also left a will please?

Customer:

She did but I do not know the details other than she has left a husband , daughter and son. I had assumed her estate would still receive the 50% of proceeds, as before ?

Customer:

Thank for your kind comments

Joshua :

Thank you. The Administration of Estates Act provides that if an executor passes away before completing their administation, that persons executor(s) has the right to step into your sisters shoes to continue her executor role

Joshua :

However you can as you say equally continue on your own if you wish

Joshua :

Your sister will still be entitled to her share under your mothers will though of course now you will pay such share to her executors rather than your sister sadly.

Joshua :

Before you pay out your sisters share you will wish to ask your sisters executor(s) for a sealed copy of the grant of probate for her estate and ensure you make payment only to the named person(s) acting as executors.

Customer:

What happens if there is more than executor of hers, I did hear my brother in laws , brother is joint executor of her will.

Joshua :

They can give you a "good receipt" for your sisters share under your mothers will. It may be a while before they will have probate and they will have to wait until they get it before they can obtain any money from you. If there is more than one exeutor you make a cheque payable to them jointly as executors. They will have to open an executors account to bank the cheque as is quite proper unless of course they are using a solicitor.

Joshua :

Is there anything above I can clarify for you?

Customer:

so they can decide to just leave it to me or they could insist that one or more of her executors step in ?

Joshua :

if they wanted to join in with you they would have to make an application to the court - it is not automatic or just filling in a form. They are unlikely to go to the bother unless they are unhappy about the way in which you are dealing with the estate. The liklihood would be that you would simply continue on your own.

Customer:

OK thank you - the property sale is agreed subject to contract, can here death in any way delay the sale ?

Joshua :

You will need to obtain a copy of your sisters death certificate once available to evidence that your sister has passed away if she is named as an executor. Otherwise there should be no other delay. A copy of the certificate can be obtained from the registry office in which her death was registered or slightly more slowly from the central registry.

Joshua :

If there is any form of restriction on the property you may need to appoint a second trustee to sell the property but this is a simple matter that your solicitor can deal with if applicable and a solicitor if applicable could act as a second trustee. It may not be necessary though.

Customer:

Thank you again , lastly a difficult question to put but is there anyway I can contest the executors of her will to claim the right to the 50% share, I have some difficult personal reasons in asking this

Joshua :

It would unfortunately not be possible to contest your sisters right to a share in your mothers will unless your mothers will has a minimum survivorship condition that your sister did not fulfill which I assume is unlikely. You potentially could contest your sisters will and hence claim a potential share under that will but you would either need to show that she did not understand the contents of the will she signed or was placed under undue influence in signing it. Was your sister married or had any children?

Customer:

my sister was married and has 2 children over 18

Joshua :

Thanks. If there was no will then her spouse would be entitled to the first £250K of her estate and then anything over this would be divded between the spouse (as a life interest) and her children. If there was a will her spouse and children would have better claims than you and a challenge would be under these circumctances challenging

Joshua :

I there anything else I can help you with?

Customer:

no that's fine, thank you

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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