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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to know the possibilities of enforcing a

Customer Question

Hi. I would like to know the possibilities of enforcing a probate for which the will has not been fully executed.My late fathers probate was determined as properties a , b and c. Property a was transferred to the beneficiary of the will (my mother); but properties b and c had mortgages and were in my brothers name. He has resisted selling the properties because they were and are still in his name. It has been several years now since the probate. What can be done now to force him to sell the properties or sign trust deed with POA to the beneficiary of the will ?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

For clarity - are you the Executor of the Will - and are properties b and c held in the joint names of your father and brother alone

Customer: replied 1 year ago.
Hi. I am not the executor. Executor is my o brother Z. Property a was in my fathers name and Properties b and c currently in another brothers name Y. They were bought in Ys name but my father was beneficial owner of all the properties. Y was simply a property manager. Y has written affidavits during Ys divorce confirming that father was beneficial owner; despite properties being in Ys name. However Y has been delaying and now refusing to handover the properties becsuse they are in his name.
Customer: replied 1 year ago.
edit: Hi. I am not the executor. Executor is my brother Z. Property A was in my fathers name and Properties B and C currently in another brothers name Y. They were bought in Ys name but my father was beneficial owner of all the properties. Y was simply a property manager. Y has written affidavits during Ys divorce confirming that father was beneficial owner; despite properties being in Ys name. However Y has been delaying and now refusing to handover the properties becsuse they are in his name. Time elapsed is over 3 years....
Expert:  Clare replied 1 year ago.

The executor needs to apply for an immediate sale of the properties using the Trusts of Land and Appointment of Trustees Act.

Theprocess is described here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

Please ask if you need further details