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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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A co executor who owns 50% of a property, is thinking of

Customer Question

A co executor who owns 50% of a property, is thinking of stepping down so that he can make a claim against the remaining 50% of the dec'd estate for 'lack of adequate provision', as his circumstances are such that he has been financially dependent on his brother in so far as he has lived in their jointly owned property for 10 years, rent free, whilst the other owner was overseas.
What does this entail and can he claim against the property and financial aspect or property only? He has not worked for 10 years after a mild stroke, and inheriting a substantial six figure sum from his parents 10 years ago.
Submitted: 11 months ago.
Category: Property Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

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

For clarity the deceased left his brother half of his house?

How much is the house worth and how old is the brother?

What other assets does the living brother have?

When was Probate granted?

Customer: replied 11 months ago.
No, the dec'd brother left his half of the flat between three beneficiaries (1/6th each). Two will have the property and other income put into trust until they are 35. Consequently, they are happy to let the existing occupant remain, the 3rd beneficiary wishes to sell their share - under market value.Four varying Estate agents valuations gave a mean figure of £229k. The 3rd beneficiary has offered their share for sale on a total house price of £207k.I do not know what other assets he has, other than he was left 200k+ 10 years ago but has not worked. He is 65.Probate has not been granted due to this stalling point re the property sale. The occupant wants the 3rd beneficiary to let him have the property for nothing, he has not made a financial offer on the property share.
Customer: replied 11 months ago.
He has been left £20k in the will once it is cleared.
Expert:  Clare replied 11 months ago.

Just to be clear then

The brothers lived together in a property they owned jointly - and each paid for their own upkeep - is that correct?

Customer: replied 11 months ago.
No, It was their father's flat, when he died he left the property equally between then. One brother moved into the flat and the other lived with his family in the US. He returned about once or twice a year to visit friends and family and stayed with his brother in the flat when in the area.
Customer: replied 11 months ago.
There was a brothers agreement that there would be rent payable - this was not enforced - and that any sale would be at the market value etc etc but it was not witnessed or signed.
Expert:  Clare replied 11 months ago.

Right

So it is the brother who lived away that has died?

Do you have a copy of the unsigned agreement?

Expert:  Clare replied 11 months ago.

Are you aware that the site charges extra for a phone call?

Clare and other Property Law Specialists are ready to help you
Customer: replied 11 months ago.
Things came to a head yesterday afternoon Clare, and I now need to know if I can allocate a Solicitor to be executor in my place. I no longer trust or wish to work with the 2nd executor of the estate whom I do not trust. The stress is also affecting my health severely. His son, who is mentioned below, is currently receiving rehab.The Will states the following: I name ......(brother)......and ......(me).........to serve together as my joint executors.
If .........or ........... is unwilling or unable to serve as executor, the other executor shall continue to serve.If .............. and ............... are both unwilling or unable to serve as executor, I name ......(his son) and ...........(daughter - both in the US) to serve together as my joint executors.
If ...........or ................is unwilling or unable to serve as executor, the other executor shall continue to serve.In the circumstances this executorship is affecting my health, can I appoint a Solicitor in my place to complete the Will. Probate should be submitted by the end of the week.
Customer: replied 11 months ago.
I did not realise you were going to call Clare, as I did not request a call today and yesterday's call was cancelled.
Could you help with the following please which, hopefully, may bring closure to the problem.Things came to a head yesterday afternoon, and I now need to know if I can allocate a Solicitor to be executor in my place. I no longer trust or wish to work with the 2nd executor of the estate whom I do not trust. The stress is also affecting my health severely. His son, who is mentioned below, is currently receiving rehab and the daughter is dealing with the US estate.The Will states the following: I name ......(brother)......and ......(me).........to serve together as my joint executors.
If ....(brother).....or ..(me)......... is unwilling or unable to serve as executor, the other executor shall continue to serve.If ....(brother).......... and .(me).............. are both unwilling or unable to serve as executor, I name ......(his son) and ...........(daughter - both in the US) to serve together as my joint executors.
If ...(daughter)........or ..(son)..............is unwilling or unable to serve as executor, the other executor shall continue to serve.In the circumstances this executorship is affecting my health, can I appoint a Solicitor in my place to complete the executorship please. I am going to sign the Probate form this week.
Expert:  Clare replied 11 months ago.

I did not call - I suspect one of my colleagues attempted to do so

I am afraid that you cannot appoint a solicitor to replace you as Executor - if you do not wish to act then your brother will continue alone.

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