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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In what is in effect, a family at war (3 sisters and a

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In what is in effect, a family at war (3 sisters and a brother) can one beneficiary force the executor to sell a property and distribute whatever surplus there is to the beneficiaries? (The property, approx. value of £80,000 was left in the parent's will in equal parts to all 4 children) Regards ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
What is the nature of the dispute between the siblings - and who are the Executors?
Clare
Customer: replied 2 years ago.

The executor is a local solicitors in the North East. Not totally sure of the name as the eldest sister wont let anyone know; but I think it is Hedley's in Fawcett St, Sunderland

The dispute is that the eldest sister, bizarrely wants the house to stay unsold and act as a sort of museum/mausoleum to the mother. She chose the estate agents to sell the property but is never available to let anyone in to view it (and has the only keys).

The two youngest siblings, in essence don't care or take no interest. They just want an easy life and do whatever the eldest says: Though in effect there is very little communication between siblings as they have never gotten on.

The eldest sister holds the mothers bank account card and PIN too which at the mothers death (Feb 2014) held around £4000

Hope this helps.

Expert:  Clare replied 2 years ago.

Do you know if Probate has yet been obtained?
Clare
Customer: replied 2 years ago.

I believe so, yes

Expert:  Clare replied 2 years ago.

In that case your starting point is to download a copy using the service here
https://www.gov.uk/search-will-probate
This will give you the details of the Executors.
You should then write to them and point out that in fact the Executor is under a duty to realise the assets in a timely manner and distribute them accordingly - and that after next month the beneficiaries become entitled to Interest on unpaid legacies.
Further point out that the property should now be marketed with at least two agents - who should hold the keys so that they can arrange viewings
Failure to do this could be sufficient reason to allow you to apply to have the Executors replaced so that the sale can progress.
I hope that this is of assistance - please ask if you need further details
Clare
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