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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My dad died, Im one of 6 siblings, house has probate, one executor

Customer Question

My dad died, Im one of 6 siblings, house has probate, one executor brother rented property out ! money in account and we all get a share monthly each. House will be sold to same brother ! can siblings change, evict, stop rental ??
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify that only one of the 6 siblings is the executor under the will please?From what I understand that executor has rented the house out without the consent of the other sibling beneficiaries? For how long has this been going on?Is the executor renting for market rent? I note he is sharing the rent between you all?Why would other siblings wish to stop rental?Finally is the executor willing to pay a true market price for the house or is he hoping to buy it for under market price?
Customer: replied 2 years ago.

Hi

2 executors in will one child died no children so now only 5 adult siblings ! buyer is buying at price set originally not less ! rental is normal market value not less ! in last month due to his personal family and job loss unexpectedly

Expert:  Joshua replied 2 years ago.
Thanks. You may have been cut off mid way in your last sentence as I dont entirely follow your last sentence? Could you kindly clarify?Could you also clarify whether the executor is purchasing the property at its current market price?Finally why do the beneficiaries wish to stop the rental?
Customer: replied 2 years ago.

Executor is buying at current market price ! all did agree on price and he paid a deposit, sort of to one sibling who needed money and that will be taken off her share ! it was from his business account !

They want to sell the house as they all want their money ! say 2 yrs in July since death although one sibling lest his stuff in house till last oct and another sibling was paying council tax as didn't want to declare she was living with her boyfriend !! benefit fraud !

last sentence should of been -

All agreed he buys, he's in oil industry, did have good job on but then got finished unexpectedly ? looking for new contract then can buy property so its a stop gap at moment temporary !

They were told he was not buying but now renting temporarily till buying ! do they see tenancy agreement ? their not named on it only (executor) and his name on Assured Tenancy Agreement.

Expert:  Joshua replied 2 years ago.
Thank you very much for the above. The position is that the exeutor has sole legal authority to deal with the estate and therefore the house and the tenancy however this does not mean the executor can do whatever he wants. The executor is financially liable personally to the beneficiaries for any loss caused to the estate and he has no right to unduly delay administering the estate. His role is to administer the estate with a view to distributing to the beneficiaires as soon as is reasonably possible. He has no right to rent the property for an extended period of time.If he has rented the property he wil have rented it for a minimum of 6 months from the start of the tenancy (this is the minimum period a property can be let for under an assured shorthold tenancy) though it may be longer. It will not be possible for anyone to evict the tenants during the initial minimum term unless they fall behind with their rent payments however subject to this if the beneficiaries wish to have the property sold at this point then the executor must sell it. If he refuses then the beneficiaries can apply to the court to remove him as executor and replace him with another of you or more than one of you. There is no problem with the executor buying the property but he should have permission from all of the beneficiaires that they are happy for him to do so and they are happy with the price proposed. If the property can fetch a higher price on the open market, any beneficiary can ask that the property is marketed or valued by an estate agent(s) in order to ensure the best value is being obtained.Any of the beneficiaries have the right to see the estate accounts in order to ensure that they are receiving the correct share including share of rental which must be shared equally between the beneficiaries.Accordingly if any of the beneficiaries are unhappy with the continuing rental they may consider contacting the executor and making it clear that they wish the rental to be terminated at the next available opportunity and that the property is either paid for by the executor at the agreed price as above or that the property is placed on the market to be sold. If the executor refuses or is uncooperative any beneficiary can on their own or with others apply to the court to remove the executor on the grounds of maladministration and conflict of interest.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

bit confused ?? The Tenancy goes ahead for 12 months on Agreement if all payments are on date and paid fully! can they sell? or can they go to court to sell over the Tenancy ? and evict the Occupier ? who has a child under 16 yrs old ?? if on the other hand the Executors monies do calculate to buy the property as first discussed and agreed by all ! then that will stop the Tenancy and a new Tenancy will commence !

Customer: replied 2 years ago.

Is Executor right to sign as Landlord ? or does he have to cross it out as he is Acting Landlord/Executor to the Estate of The Late (name) ?? just curious ?? could they stop the tenancy if he signed just as Landlord ??

I have 2 more days of battling with them on this then one goes back to Ireland !! also found one was given £5k from another bank account ! another thing to challenge about ? not a big estate ! DWP are also owed £10K do we pay them back first from the rental too ??

Expert:  Joshua replied 2 years ago.
Thank you very much for your reply. I would be delighted to continue to assist with your follow up questions. I should be very grateful if you would kindly click to provide a rating for my reponse to your original question. I will be very pleased to continue to assist with your follow up questions without further charge.

I look forward to hearing from you.
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have left feedback !

Please reply to my last question !? then am I right to forward Tenancy Agreement with Executor as Landlord or change it to Executor ?

Thank you

One Brother will take it to Solicitor to be checked ? it must be right !!

Expert:  Joshua replied 2 years ago.
Thank you very much. Certainly dealing with your questions in turn:1) the executor is correct to sign as landlord as he has legal authority over the property as executor. He can either sign as landlord or "as executor of the late...". Both are legally correct though is best practice to sign as "executor of the estate of the late...". There would be no basis to stop the tenancy in either case on this ground.2) If all beneficiaries share your fathers estate equally then all must receive the same amount and the executor should try to pay out at the same time equally so not beneficiary is seen to be favoured though it is not an absolute requirement to pay everyone at the same time. If one has received more than the othes the executor will be personally liable to the others for loss.3) Any debts including DWP must be paid before beneficiaires receive anything. Beneficiaries receive what is left after debts have been paid.
Customer: replied 2 years ago.

I have an account for the rental of the property to be paid into and then to be split if it can be done that way ? or should it be accumulated for the payment to the DWP ? prior to the sale of the aforesaid property ! unsure if DWP will accept part payments ? know they want £10,500 which was overpaid ! double checked !

Expert:  Joshua replied 2 years ago.
The DWP are usually willing to provide a reasonable timeframe for repayments however will require payment in full and I suspect given the time already gone by, it may not be long before they push for payment. I have never attempted installment payments so that question would need to be put to them.

Whether you all choose to pay the DWP out of rental income or out of capital proceeds from the sale of the property is a matter for all of you to decide. The DWP won't much care how the money is raised providing it is repaid.