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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother died 4 years ago and left no will. She had 2 properties

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My mother died 4 years ago and left no will. She had 2 properties with no charge or mortgage.
My brother of his own accord and without notice or agreement from the other 4 brothers. Had the properties transferred into his name and claimed as he was the administrator of her estate he could do so ( we did not know until 2 years after her death the properties were in his name)
Within 3 months of the deeds of the properties in his name, he secured a loan in his own name of £40,000 and the money was for his sole benefit. He never advised he had taken this loan out and was challenged and claimed mothers estates had debts of the same sum. This is totally untrue mother was old school and never had debts or loans, when asked to provide the evidence of the debts, he has just ignored.
One property has sold and just prior to completion I appointed solicitors who obtained an undertaking with the solicitors managing the sale, no net proceeds would be dispersed until all matters are reviewed ( this was only agreed at the last minute when the other side was advised there was a court hearing about to commence ex parte to have an injunction applied.
Regards ***** ***** property, this is under offer. However, I am concerned that my brother
knowing that the game is up and the loan and debts he has incurred todate, he has been advised that he has no further entitlement from a financial aspect, as there are six beneficiaries and the net proceeds are around 240K across the beneficiaries.
in addition he has raised 18k in rental income and refuses to declare what has happened to the money.
My big concern, is that I don't rule out he will arrange a fast sale with one of the house buying companies who complete within 7-10 days ( and could well be in hand as I write ).No doubt at a much lessor sale price, with a different firm of solicitors.....but the end result he has the sale, all the money and no disbursement to the other beneficiaries.
So my question is can I make an emergency application to the court to have some form of rights/dispute notice that can be applied by court order to the property and the Land Registry is updated as a matter of urgency, which will hold the sale in abeyance should he attempt a back door sale......until matters are reviewed in full and the outcomes of such a review.
If there is an application to court that can be made, what court, what court forms and assume it can be an ex parte application
I hasten to add the title deeds for both properties are in his sole name; and there is no reference at all on the deeds he is administrator of mothers estate. He has refused on 2 occasions via solicitors to provide the court evidence or any evidence how the properties were transferred into his name.
Thanks
Ian
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much are the properties worth and how much is outstanding on any loans attached to them?
Customer: replied 1 year ago.
One property sold for 83K and had a loan of 40K. The loan has been settled and the net proceeds are still on solicitors account, as there is an undertaking in place, they will not be releasedThe other property is under offer at 140K, but no exchange of contract at presentThanks
Expert:  Clare replied 1 year ago.
Hi
Is there a loan on this property?
Have you obtained a copy of the Letters of Administration?
Clare
Customer: replied 1 year ago.
There is no loan on the property....and letters of administration have been requested on several occasions to no avail....over the last year.
Expert:  Clare replied 1 year ago.
Hi
Have you not obtained a copy using the service here
https://www.gov.uk/search-will-probate
Clare
Customer: replied 1 year ago.
Have checked the link, no records online.Which does not surprise me, as I would not rule out it has never happened in the first instance. I will call the local probate office in the morning and seek clarity this is the case.Just to advise I have a solicitor who is a one man show and inundated with work and helped me out at the last moment re obtaining undertaking not to release monies with the solicitors who have conduct of the property sales via my brother. My brother has been made aware, full disclosure of mothers estate is required, as he is the self proclaimed administrator ( or not as I suspect is the case with the probate court )......as mentioned there has been no response.In reality, I am sad to say he has plundered mothers accounts and estate including rental income over the last few years.....and I suspect the transfer of properties from mothers name into his, has been by other means and not by the correct legal process.Suffice to say, hence I need to know what court ( assume county ) and what court docs to complete I need to make an emergency application tomorrow, and to have a rights notice applied to the property, so it can not be sold. My brother is now aware he has been advised he has no further financial entitlement based on his loan of 40k and the rent of 18k has gone awol. He has gone nuts he can not access proceeds from the property that has sold.....is in debt, has no job or money. I have no doubt as mentioned he will just seek a fast sale of the existing property.....without telling anyone and as commented already.....he can complete within 7-10 days with one of these companies that buy properties outright way below market price.Time is not m friendThanksAlas my brother
Expert:  Clare replied 1 year ago.
Which part of the Uk are you in and have you contacted the Land Registry to check how the transfer to his name took place?
Customer: replied 1 year ago.
Hi ThereI have spoke with the probate office and requested the file, re my brother application as administrator and the oath he undertook in relation to the information he provided. They will provide a copy of the oath..... and advised it will confirm whether he claimed sole beneficiary, or on behalf of named beneficiaries...........it will be the former and not the latter I predict.This in part was advised by Land Registry in my call this morning who advised, who commented the title transfer into his SOLE name would not have been the case, if there were other named beneficiaries in the AP1/AS1 documents he submitted. I managed to find the probate number for my late mothers estate, via the office todayAlas it will take a few weeks to get the copy docs from Oxford Probate Office, so I need to press om with a court application.I have prepared a statement of the salient points, with supporting exhibits to achieve the required court order.......can you now advise what application should be made and the related court formsThanks
Expert:  Clare replied 1 year ago.
If you have the details have you actually ordered a copy of the Letters of Administration online?
Customer: replied 1 year ago.
I have just ordered online.....I am hoping the AP1 signed form will be included, albeit they state it can take upto 10 days for the download to be viewed!!I have spoke with Land Registry and arranging a unilateral notice to be applied via solicitor tomorrow. I have also written to them requesting a copy the AP1 and/or AS1 form submitted as evidence for the title transfer.I have no doubt my brother falsified the administration oath at the probate court at the outset, and claimed he was the only beneficiary.Thanks for your assistance
Expert:  Clare replied 1 year ago.
Hi
Excellent - so far so good you are gathering the information.
As Administrator of the Estate 9and I assume it has been confirmed that he obtained Letters of Administration rather than producing a false Will) your brother is personally liable to all the beneficiaries for their share of the Estate.
At this stage it is borderline whether he has committed fraud sufficient to justify notifying the Police, however he has certainly done sufficient for you to apply for him to be replaced as Administrator given his complete disregard for his duties as Administrator
You can read more here
http://www.carlislam.co.uk/documents/Removal%20of%20executor%20note.pdf
Please ask if you need more details
Clare
Customer: replied 1 year ago.
HiAs mentioned he has been asked on 2 occasions, by solicitors to provide copies of the documents he submitted to the probate court when he took the oath, to no avail............and we all know why he only listed himself as a beneficiary. Solicitors will be applying a unilateral notice on the existing property online today.....hopefully it will be in situ on the deeds by the end of the week.I will review removing him as administratorThanks
Expert:  Clare replied 1 year ago.
He would not have had to list the beneficiaries - all he had to show was that he was entitled to apply for the Letters Of Administration - which as a child of the deceased he was
The only way that you can take over the proper conduct of the estate is if he is removed
Customer: replied 1 year ago.
ignore the call request I pressed the wrong button!!!On the PA1 he listed 1 sibling himself and the oath that followedThanks
Ian
Expert:  Clare replied 1 year ago.
Isn't he a little star
You have enough grounds to remove him and revoke the transfer to his sole name.!
Customer: replied 1 year ago.
Can an application to the court to remove an administrator be undertaken as an emergency, or are you subject to the usual court diary and next availability ie could weeks or monthsThanks
Ian
Expert:  Clare replied 1 year ago.
HI
It can be dealt with as an urgent application AND within the applictaion you can apply for an injunction preventing him from dealing with the assets any further
Clare
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