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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10410
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My dad died back in March and left my sister and I his

Resolved Question:

Hi, my dad died back in March and left my sister and I his flat. In the will it was split 70% for me, 30% for my sister. I want to just sell the property and be done with it, but my sister wants to see if she can extend the lease and then buy my share of the property. Apparantly we can't complete probabte until this has been sorted. None of this has my blessing and I feel that she is being controlling (it's in her nature)
My question is this: Considering that I own the majority share, can I just force her hand, complete probate and put the property on the market?
Many thanks in advance.
Jim
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

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

Could yo uplease confirm who the Executors are? Is it you and your sister?

Kind Regards

Al

Customer: replied 1 year ago.

Yes, of course.

I should have said. The executors are in fact my sister and myself. No one else.

Thanks.

Jim

Expert:  Aston Lawyer replied 1 year ago.

Hi Jim,

Thanks for your reply.

I am afraid that as both of you are Executors, both of you have to agree on everything relating to the Estate, and both of you need to willingly apply for Probate.

Just becuase you stand to gain more from the Flat does not, I'm afraid, give you any extra powers than your sister.

You therefore do need your sister's co-operation before you both can then apply for Probate.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.

Hi Al,

Many thanks. I kind of suspected as much.

I won't bog you down with a load of questions, but I would like to know one more thing.

What kind of time limit can I put on this?

For her to find out the value of renewing the lease etc, really won't take long. I'm happy to give her two - three weeks, but in theory she could keep stalling me for a long while. Meanwhile we still haven't sorted probabte. In theory she could just keep stalling me for months.

At what point do I have any legitimate means to tell her to stop mucking about and just to get on with it?

Knowing my sister, she'd be happy to make it go on for many years. She did it before when my mother died...it's a control thing. I was a lot younger then so didn't know how to handle it.

I think your answer to this should wrap it all up for me.

Thanking you in advance.

Jim

Expert:  Aston Lawyer replied 1 year ago.

Hi Jim,

I appreciate your position.

Unfortunately, there is no set time limit in which an Executor has to apply for Probate. The only guidance on this issue is thea there is an unwritten rule, called "the Executor's year" which is used by the Courts. This states that an Executor does have 12 months in which to deal with an Estate before a beneficiary can in effect complain about delays etc.

Likewise, your hands are slightly tied, in that if you did want to force your sister's hand, you would have to apply to Court to remove her as Executor- this of course would be very expensive and you would have to show good reason as to why she should be removed- going slowly is not usually a valid reason.

However, a Surveyor should be able to give a price on the Lease extension in about 5 minutes, so I suggest that you just try and keep the pressure on her.

Sorry!

Kind Regards

Al

Customer: replied 1 year ago.

Okay. Many thanks, Al.

That's me done. Thanks for the prompt service.

All the best.

Jim

Expert:  Aston Lawyer replied 1 year ago.

Thanks Jim.

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

Good luck!

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10410
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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