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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Executor/Beneficiary. 2 properties have been left equally between

Customer Question

Executor/Beneficiary. 2 properties have been left equally between 4 siblings. Siblings aim to sell 1 property and 'share' the other. I am executor. I do not want to share the property and have asked my solicitor to offer my share to the others for sale. She is not keen to do this and I don't know why.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

Unless there is a specific reason why the Solicitor is not happy for you to do this, I can't see the problem. Has she given a reason?

I look forward to hearing from you

Al

Customer: replied 2 years ago.

She keeps saying my wish to sell my share of Property 2 will mean the others will be forced to sell the property. She doesn't actually know what my siblings think, or what they can afford. She has insisted I write to them, not her, and tell them my wishes. I do not get on with my siblings - which is why I want to pull out and this makes it difficult for me to contact them. I have been asking her about this for over year. She completely blanked my wish - even for information for most of this year and ignored letters. I wrote a letter of complaint to her senior partner recently and only now has she even discussed this with me. (She opened the letter marked 'Private' and the Senior Partner never saw it!

Expert:  Aston Lawyer replied 2 years ago.

Hi Clare,

Thanks for your reply and apologies for the delay.

As the Executor, you are entitled to make the decisions relating to the Estate and indeed have the legal power to do so. Therefore, your Solicitor is under a duty to take your instructions, provided they are reasonable and not illegal, and carry out such instructions.

It is normal for a beneficiary to "give up" their share of a property in return for the other beneficiaries paying her for her due proportion of the value of the property.

It would, however, be normal for the Executor to come to an agreement with the other beneficiaries, as it may take the Solicitor a lot of time (and expense to the Estate) in negotiating the deal. It would therefore be best if you can come to an agreement with your siblings, although I appreciate this may be difficult for you.

You need to agree how much money your share in the property is worth- at the end of the day, all of the siblings will need to agree on this figure, to enable the transfer to proceed. It would be normal for 3 valuations of the property to be obtained, and the middle valuation be taken as the valuation of the property.

If you are not able to speak/write to your siblings to get an agreemet, your Solicitor has no authority not to carry out your wishes and contact them herself. Yes, it will be more expensive for the Estate to do this, but it sounds to me, that she is just trying to avoid any extra work.

I would hope that, as she has opened your letter addressed to the Senior Partner, that she will now be doing all she can not to cause any further complaint. However, if you still face problems with her, I would suggest a further hand delivered letter to the Senior Partner, and failing that you shoud speak to the Solicitors Regulation Authority who oversee complaints about Solicitors.

I hope this assists and sets out the position to you.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

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Customer: replied 2 years ago.
Dear Al, thank you for your previous response. I have been ill and ended up in hospital, so haven't been in touch with what's happening until now. I do have serious health problems yet despite this have been bullied horribly by my sister - that is why I do not want to go into any shared ownership with her. My brother spoke to both my sisters and they agreed on a sum for my share and I was sent a letter from them confirming this. It was acceptable to me, but now my bullying sister has denied she agreed and has yelled and screamed at my brother about this. This has all been going ion for a year and a half since my father died. We are all desperate to move (I MUST move for work) but do not have the expected finances to do it. I don't know what to do....
Expert:  Aston Lawyer replied 2 years ago.
Hi Clare,
I hope you are feeling better.
If an agreement can't be reached as regards ***** ***** buying you out, you will have to tell them that there is no alternative but for the property to be sold! As Executor, you have power to do this. Hopefully, this will make your sister see sense.
Kind Regards
Al