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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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My mother passed away last year and left her house to myself

Resolved Question:

My mother passed away last year and left her house to myself and 2 sisters. The one sister and myself want to keep our share but the other sister is pushing for her share of the money. My daughter is buying her out as she was able to get a good rate mortgage and to make sure all so say legalities were covered.. Myself and my sister who is keeping her share also had to sign a document to relinquish our shares to cover the shortfall of the probate value. We were happy to do this as once the mortgage had gone through, we were having a declaration of trust drawn up between the three of us. The sister who wanted her money was also in agreement as she would be getting her full share of £60,000. The mortgage offer and all searches have been done...and now at this very late stage, the executors solicitor says they are not willing to go ahead with this. They aren't answering any of our correspondence or giving us answers as to why not even though we own 2/3rds of the house. Also the executor is the husband of the sister who wants her money. We were advised by our solicitor that we could purchase in this way so now we are very confused and already out of pocket. Is there a legal reason why this purchase can not complete?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

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

Could you please clarify- is your Daughter taking out a Mortgage for £60,000 to cover your sister's share, and it was proposed that the property then be transferred into her sole name, with a side Declaration of Trust being signed to say she holds the property on trust for you and your sister for one third each?

Does your Daughter have her own Solicitor or are the Executors Solicitor acting for her and the Estate?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.
Yes, the mortgage was actually for £85,000 to have £25,000 left over for her doing the transaction and to cover works needed to carry out on the house. It's two different solicitors.. One acting for the executor and another one for my daughter (who is proving to be less than helpful). Yes, the house would be transferred in to my daughters name on completion.
Expert:  Aston Lawyer replied 3 years ago.

Hi Bev,

Thanks for clarifying matters.

As long as your Daughter's Solicitor is happy with the arrangement, bearing in mind they will also be acting for your Daughter's Mortgage Lender, there is no legal complication or reason why the matter should not complete! If £60,000 represents a one third value of the property, there shouldn't be anything to stop your sister/Executor's Solicitor completing, unless of course your sister has had a change of heart at this very late stage.

You do really therefore need to get your Daughter to contact her Solicitor on Monday morning to find out exactly what the problem is.

I hope this assists and answers your question.

Kind Regards
AL
Customer: replied 3 years ago.
That's great... So just to clarify, it is not against the law and there is no legal reason why this transaction cannot complete? So if my daughter speaks to her solicitor on Monday and the executors solicitor still won't play ball. Is there a certain body we can go to as I know my other sister hasn't changed her mind (it seems they are just being difficult)? Many thanks Bev
Expert:  Aston Lawyer replied 3 years ago.

Hi Bev,

You are indeed correct.

Unless your sister has changed her mind, her Solicitor/the Executor has to carry out her wishes and if it is the Solicitor merely delaying matters, it would be up to your sister to complain to him/her.

I hope this clarifies matters.

Good luck!

Kind Regards
AL
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
For Aston Lawyer
Hi, just wonder if you could advise where to go next.
My daughter spoke to her solicitor this morning but she doesn't have the details as to why they will not proceed (as she says because she is acting on my daughters behalf she cannot get details as to why the executors solicitor is not happy to finalise mums estate in that way).

I have just called the executors solicitor but he will not speak directly to me so it appears that it has now stalled and as we aren't clear on our rights.. We appear to be stuck.

Thanks
Bev
Expert:  Aston Lawyer replied 3 years ago.

Hi Bev,

Thanks.

All your Daughter can do is to pester her Solicitor and ask her to find out exactly what the issue is with the Executor's Solicitor. The Executor's SOlicitor has to give some indication at some point as to what the hold up is!!

Kind Regards

AL

Customer: replied 3 years ago.
Thank you
Customer: replied 3 years ago.
Hi, we had a response from Lauren's solicitor who said that the executors solicitor is not happy because the executor may be held responsible for not relinquishing the shares equally (because of the 12,500 both Myself and Liz have signed over to Lauren). They say that it could come back on the executor so we are not sure where to go now... We have suggested that all three sisters sign a form to say we are happy and that there will be no problem after (but we do not even know if this is possible). Thanks
Expert:  Aston Lawyer replied 3 years ago.

Hi Bev,

The Executors Solicitor is there to advise the Executors about their responsibilities and duties to the beneficiaries. Provided he puts any advice he deems necessary in writing, he has done his job.

A simple letter signed by the Executors acknowledging any such advice, coupled with instructions to the Solicitor to proceed with the transaction covers the Solicitor and should enable matters to proceed.

Kind Regards
AL
Customer: replied 3 years ago.
Thanks.. But if they still aren't happy to proceed are they legally bound to or is it up to their own discretion? The problem is that the executor will only proceed if his solicitor is happy. Thanks Bev
Expert:  Aston Lawyer replied 3 years ago.

Hi,

A Solicitor has to act on his client's instructions (provided it is legal). So, a Solicitor won't do anything his client doesn't want him to do, and by the same token, if the client advises the Solicitor to proceed, the Solicitor is under a duty to proceed.

Kind Regards
AL