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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am interested in the possibility of restoring a specific

Customer Question

Dear Sir/Madam
I am interested in the possibility of restoring a specific decaying property to use as my family home.
I’ve have contacted the freeholder and the Land Registry who inform me that the property is unregistered, however, I’ve been informed that the previous owner is deceased and she had bequeathed the property to a cat charity but failed to specifically name the charity so there is a resulting dispute between 2 charities as to ownership.
This situation has been ongoing for almost 5 years now with the property declining further and further into decay as a result of a lack of maintenance.
I’ve been given the details of the solicitor who is dealing with the property and have telephoned and emailed on numerous occasions with a proposal that I would be interested in offering each charity a reasonable donation (taking into consideration the state of the property, the work required to restore it, the property being leasehold etc.) in order to waive their interest in the property in my favour.
My reasoning is that I would need to start work before the property decays too far and it may be preferable for the charities to receive a monetary contribution now, instead of the property further decaying beyond restoration, especially as the land itself belongs to a third party freeholder,
I have had no response from the solicitor at all and wondered if you could advise if my course of action sounds reasonable and if so how can I proceed with this?
Thankyou
***** *****
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month 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

has there been a formal valuation of the property?

Are the solicitors the named Executors?

Customer: replied 1 month ago.
Hi Clare, there has been no formal valuation and yes the solicitors are the named executors.
Expert:  Clare replied 1 month ago.

Have you actually simply written and asked if you can purchase the property from the Estate?

Customer: replied 1 month ago.
I have written three times and had no response from the solicitor at all.
Expert:  Clare replied 1 month ago.

These were formal enquires about the possibility of purchasing the property from the Estate?

Customer: replied 1 month ago.
They were yes.
Expert:  Clare replied 1 month ago.

I should have asked - they have obtained Probate of the Will?

Do you know the two Charities involved?

Customer: replied 1 month ago.
I don't know either of these answers I'm afraid- I've again written to the solicitor and telephoned but I'm having no joy getting any reply or past the secretary. Would there be any mileage in asking a solicitor to write on my behalf or are they just as unlikely to reply if I haven't received anything up to now?
Expert:  Clare replied 1 month ago.

You can find out if there has been a grant of probate using the service here

https://www.gov.uk/search-will-probate

Customer: replied 1 month ago.
Thanks - I'm awaiting the download now.
Expert:  Clare replied 1 month ago.

Ok

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