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Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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My brother in law left a will. His major asset being his

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My brother in law left a will. His major asset being his house. The will was drawn up by a solicitor. However, the will names one sole executor. This executor is saying she can live in the house 'until the day she dies'. My brother in law's wishes in the will are that the house been offered to his nephew to purchase. The main beneficiaries being his nephew, his brother and his sister on the sale of the house. The executor (his sister) has moved hereself into the house and is refusing to even let my husband come and stay for a short break (we live in France). The will went to probabte in June. DOD 15th May 2016. Can you help?
Kind regards
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. The first thing I would advise you to do is to get a copy of the will, if you haven't already done so. You can get a copy of the will, if it has been admitted to probate, which it was on 15th May. Get a copy from the District Probate Registry in Leeds which contains copies of all wills from all of the UK. You can get the order form online and send it off. This will tell you what is the true contents of the will and whether what this woman says is correct.

Expert:  Buachaill replied 10 months ago.

2. The second step is to prepare an application to remove this woman as executor. An executor has a period of grace, known as an "executor's year" within which the will has to be administered and the proceeds paid out to the beneficiaries. An executor can however, be removed at any time for cause shown. An example of cause shown would be if the executor is living in an asset of the estate, as is happening here. So, you should consider getting a solicitor to issue an application to remove this woman as executor.

Expert:  Buachaill replied 10 months ago.

3. As part of the application to remove this woman as executor, someone else can be appointed in her place. This new person can then administer the will and divide out the estate amongst the beneficiaries.

Expert:  Buachaill replied 10 months ago.

4. Please Rate the answer, Christine, as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 10 months ago.
We are in receipt of a copy of the will. Would it be helpful if I sent you a copy?
Kind regards
Expert:  Buachaill replied 10 months ago.

5. Dear *****tine, there is no need to send me a copy of the will. However, by reading it, you will find out whether this executor has the right to live in the house "until she dies" or not. Unless the will expressly gives her this right, she has no entitlement to do so. Accordingly, she can be removed as executor immediately for cause shown.

Customer: replied 10 months ago.
The will states that if Gillian dies before him or does note prove this my Will and any Codicil(s) for whatever reason then I appoint my brother COLIN in her place.
The will states that " as soon as convenient" arrange a professional valuation of the property.....(this has already been done, before the date of death on request of the deceased, in order that the nephew can apply for his mortgage), "My trustees shall then offer to my nephew Kristofor the option to purchase the House from my estates. The offer shall be open for a period of 3 months from the date of the written notification of the offer from my Trustees solicitors. .........
The trustee has not instructed a solicitor to write to the nephew with a formal offer, which he will then have 3 months to accept and a further 3 months to complete.
There is nothing in the Will to state that she or anyone else has the right to live in the house for any period while this process is happening.
She states she is living there while her own home is being renovated and while she is waiting for the nephew to have his mortgage approved. She has stated in her last text, that she intends to have the house completely redecorated just in case the nephew is unable to secure a mortgage and the house has to be offered to 'other family members or go on the market'
How is this redecoration getting paid for? We do not wish to have the house redecorated, neither does the nephew.
There is also concern that the utility bills etc are still in Allan's name and, therefore, are being paid out of his estate.
It is out concern that the trustee is decorating her own home for sale, with the intention of purchasing the deceased's newly decorated home herself. She currently has 4 dogs roaming loose in the house and is giving that reason why we can't come over to stay and that there is only 1 bed for her. The house has 3 bedrooms.(That is of course just our opinion and concern not fact) She is a very dangerous woman and we are frightened to 'cross' her,)
So sorry to keep coming back with questions at the moment. It is very distressing.
Expert:  Buachaill replied 10 months ago.

6. The best approach here is to make an application to have the executor removed on the basis she is intermeddling in the estate by living in the deceased's house. Essentially, she is not allowed to live there. It makes no difference if the nephew is getting a mortgage. Additionally, she is not allowed to spend money on renovating the house either. So, the sooner you see a solicitor to remove her as executor the better. Otherwise things will simply get worse and you won't be able to get her out of the house.

Customer: replied 10 months ago.
Thank you. ***** need to get back to you further on this problem, how do I do so? Is it in the same cost? I am so grateful for your help. Do I need to rate your answer now? (It is excellent by the way) or do I wait in case I have other questions. Thank you again so much.
Expert:  Buachaill replied 10 months ago.

7. If you want to ask any further questions, you can come back in on this thread and you will simply be asked to accept a Further Service, after you have set out the further question you have. IN that way, the previous chat is there to be looked at to refresh my knowledge on it. It will be similar cost. You should Rate the answer now. That will finish the thread for the moment but you can come back to it later when matters progress.

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