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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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Hiya, my mum died on the 20th august 2013 and she had made

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hiya, my mum died on the 20th august 2013 and she had made a will, my mum owned her own house a two bedroomed terraced property, during my mum's final months my sister moved in with her as her carer and my mum put in her will that my sister could remain living at my mum's property for a period of two years from the date of my mum's death or unless my sister decided to move out if that occured earlier, my sister has now decided to move out, myself and my brother are both executors of my mum's will, my mum's will states that after the period of two years from her death has elapsed that the property is to be sold and the proceeds of any sale be divided equally between myself my sister and my brother, myself and my sister are not on very good terms with my brother ( just so that you know ), because my sister is moving out of my mum's property we arranged for four local estate agents to come and value the property as myself and my sister wanted the house on the market as soon as possible which they did and all four of them valued it at 45,000 pounds we obtained these valuations in writing and i forwarded them onto my brother because as an executor like myself i needed his agreement to proceed with any sale of the property, however my brother has said that he dose not agree with the valuations and that he wants to wait until the housing market improves and as you have probably gathered myself and my sister want to sell the house like my mum wanted, i do know that my brother has the right to postpone any sale as an executor but it is possible that he may be deliberately delaying the sale because of bad feelings between us and i would like to know if there is anything at all that i can legally do as an executor myself if it is the case that my brother is deliberately delaying any possible sale of my mum's property ( Phew ), thank you.
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.

An Executor is under a duty to act in the best interests of the beneficiaries and to act in a reasonable and prudent manner. The fact that your sister has now vacated means that there is no reason why the property should not be put on the market straight away. Your brother's argument that he wishes to wait for the "housing market to improve" holds little weight, as it is unlikely to improve especially as the winter months will be upon us before you know it. Furthermore,while the property remains empty, there is an issue whether you can arrange suitable insurance and you will be responsible for any outgoings/repairs while it remains unsold.

It would be normal for 3 valuations to be obtained, and the fact you have 4 is more than adequate evidence that the prperty should be marketed for £45,000 or slightly more, with a view to obtaining £45,000.

In a situation where an executor is acting against the interests of the beneficiaries, an application can be made to the court to have him removed and for the other executor to act alone.

This would of course be an expensive and unpleasant route to take, but I would suggest that you write to your brother explaining the above.

Alternatively, you should instruict solicitors competent in Probate law without delay, and ask them to write a letter to him.

Hopefully, the mere threat of Court action will make him see sense.

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

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.
Hi Kevin,

Can I assist you any further?

If not, I would be grateful if you could rate my answer.

Thanks

Al