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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Good afternoon This is fairly complicated. My late partner

Resolved Question:

Good afternoon
This is fairly complicated. My late partner was adopted and his adoptive parents also adopted another son. They were left the family home equally divided.
In 1997 there was a disagreement and my partner's brother left the family home.
despite many attempts to trace him we had no luck and in 2010 my partner consulted a solicitor because we wanted to obtain permission to sell the house in his brother's absence. Again, enquiry agents could not trace him.
Sadly my partner died last September and his portion of the house was left to me. By this time the solicitors had raised a court order to sell the house to pay their bill but the judge did not agree. We have now had 2 court appearances with the next one due on 14th August. I have duly contacted DVLA, HMRC etc, none of whom can provide information as to the whereabouts of the missing beneficiary and sent all these papers to the court.
I was happy for the court order to go ahead because it seemed it was the only way that the house would be able to be sold.
However, this afternoon I have received a very short email from the firm of solicitors saying they had discontinued the claim and informed the court.
I now don't know whether the case will go ahead to allow the judge to make a decision re the sale of the house or whether the case will be cancelled and a separate case have to be raised in order to deal with this.
I would very much appreciate a reply to this urgently.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. You will have to start fresh proceedings in order that you get the house sold. Once the solicitors have discontinued the claim and informed the court, then that set of legal proceedings are at an end. The onus is now on you to initiate fresh proceedings and seek an order that the house be sold in those proceedings. These old proceedings are now at an end. Essentially, the attitude of the judge in not granting an order for sale when the solicitors sought sounded the death knell for the success of these proceedings. Now you have to start again. Be aware that as all property in England & Wales is held on a trust for sale, that you should get an order for sale if you seek one. However, you will have to set out in your action the basic fairness for having the house sold.
Customer: replied 1 year ago.

Thank you for your reply.

Do I write to the court asking for this action to be taken and if so, am I asking for an order to sell? The grounds would be that there are numerous outstanding debts to be settled and as executor I have a duty to pay these...would that be reasonable grounds?

Regards

Expert:  Buachaill replied 1 year ago.
2. You have to initiate fresh legal proceedings to take this course. Writing letters to the court will get you nowhere. So you should hire a new solicitor or draft the fresh legal proceedings by copying the old set issued by your previous solicitors. Secondly, the fact that there are numerous outstanding debts to be paid is excellent grounds to seek an order for sale. You will certainly succeed on these grounds.
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