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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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Our mother died in January 2015. She left a will. Probate

Resolved Question:

Our mother died in January 2015.
She left a will. Probate has been granted. Inheritance tax has been sorted.
All that is left is to sell her house and distribute the funds between the beneficiaries
My two sisters and I are the executors and the beneficiaries.
I want the house sold now. My youngest sister does not want to empty the house of anything and will not agree to sell now. My other sister is sitting on the fence not wanting to side with either of us.
Usually we all get on well but this is dragging on
Is there anything I can do to speed up the process?
Is there a time limit in law?
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Once a probate has been granted there is no time limit within which executives have to deal with or dispose of assets or finalise the estate.

They do however have to act in the best interest of the beneficiaries and clearly that isn’t happening.

You have as much right to dispose of all of this as she has to hang onto it although hanging onto it would appear not to be in the best interest of all the beneficiaries.

It might be an idea to get a solicitor to write to her threatening a court application to remove her as an executor unless she agrees to deal with this. The letter should also say that if the application to court is made, it would include an application for the substantial legal costs of the application.

The process of removing executors is not simple and although you could undertake it yourself, it is not really the kind of job for do it yourself. Hopefully, the letter threatening her removal, coming from a solicitor, and the threat of substantial legal costs, will spur her interaction failing which, you are faced with making the court application. Once she gets the court papers, it would be foolhardy of her not to take any action. Hopefully, just the solicitors letter would be sufficient.

Can I clarify anything for you?

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The thread remains open for further exchanges.

Best wishes.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
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