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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning I have a question regarding the execution of

Resolved Question:

Good morning
I have a question regarding the execution of my grandmothers will. My mother is the executor of the will. Having asked for information regarding the estate over several months and getting nothing in return except, and I quote "I will tell you when I seen you". I having done some research on the matter and believe my mother is not acting in my best interest. She has sold or gifted my grandmothers house to my sister which having received a copy from the Land Registery my sister purchased for £35000 in May. My mother informed me that my share is £10,000. All 3 of us are named in the will which states the residue of the estate is to be shared equally between us. Any advice would be appreciated.

Thank you.
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.
How much do you think the house was worth; what other assets were there and have you obtained a copy of the Will from the Probate Registry
Clare
Customer: replied 2 years ago.
Thank you for your response. The house is worth between £100000 and £120000. The house required work to bring it up to standard which was apparently done by my bother in law at an approximate cost of £30000 although I have no information regarding this. I do have a copy of the will and I don't think there are any other assets. This is where I am confused. If the house was sold to my sister for £35000 and work required was £30000 how is my share £10000? Is this legal? All funeral costs, debts etc. have been paid. I hope this is what you require.

Thank you.

Expert:  Clare replied 2 years ago.
Hi
Just to check - was that the value of the property before or after the work was done?
Clare
Customer: replied 2 years ago.
After
Expert:  Clare replied 2 years ago.
Hi
How much was it worth before the work was done?
Clare
Customer: replied 2 years ago.
Unfortunately I don't know.
Expert:  Clare replied 2 years ago.
Hi
Any chance of a best guess - of not no worries!
Clare
Customer: replied 2 years ago.

I would say £70000.

Expert:  Clare replied 2 years ago.
Hi
Thank you for that - were there any specific gifts detailed in the Will which would have had to be paid out?
Clare
Customer: replied 2 years ago.
No nothing. The will was very clear, after all expenses were paid the remainder should be shared equally between the 3 of us. The part I don't understand is who sold the house to my sister. As executor could my mother do this without consent of the beneficiaries if it was not to clear debts.

Thank you for your quick responses.
Expert:  Clare replied 2 years ago.
Hi
yes as Executor it was up to your mother to realise the assets in any way she thought fit and distribute the proceeds.
HOWEVER as executor she is personally liable to all the beneficiaries to ensure that she achieves a reasonable return and it seems that she has certainly not done so
I suggest that you write a formal and polite letter to her making it clear that you are writing to her in her role as Executor and saying that you understand the property has been sold at a considerable undervalue and asking for an explanation.
If no explanation is given then you may wish to consider taking action to remove her as Executor
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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