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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a benefactor of a will. My Mother's estate has been split

Resolved Question:

I am a benefactor of a will. My Mother's estate has been split evenly between myself and my three sisters. One of the sisters has executor rights to the will. She has decided to sell my Mother's house. However I would like to buy the house but she made the decision to sell without consultation with me. She did consult one of the other sisters. The third sister has washed her hands of all of the affairs and signed her executor rights over to a solicitor.
I am not happy about the way she has acted and would like a chance to buy the property.
Is there anything I can do?
Is there anything I can do to stop her from selling the house?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Is there any reason why you cannot simply purchase it when it comes on the market?
Customer: replied 1 year ago.
My sister is keen to make a quick sale and I need time to get the funds together. Because of the value of the estate Inheritance tax will have to be paid on the sale. My Mother passed away in August and the last conversation I had with my sister in September before I deployed with the Navy was that I was wanting to buy the property. However when I returned in December , she put it on the market and immediately received an offer. Which she has accepted. She has kept me out of the decision process and acted unilaterally.
Expert:  Clare replied 1 year ago.
Hi
I am afraid that as Executor it was your sister's decision alone - she did not have to consult you.
In addition it is not that Inheritance Tax is payable on the sale - the Inheritance Tax is payable on the estate and it may well be that a prompt sale was the only way of paying it.
If you can now raise the money and contracts have not yet been exchanged then you could put in a higher offer - but I am afraid that unless you can purchase immediately then your sister has in fact acted in accordance with her responsibility as Executor
I am sorry not to give better news - please ask if you need further details
Clare
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