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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10973
Experience:  Barrister 17 years experience
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My sister & I are beneficiaries under our mother's will. Her

Customer Question

My sister & I are beneficiaries under our mother's will.
Her property has been on the market since June15 and has secured 2 purchasers, the first fell through, but the second is keen to complete.
Many of the neighbouring houses have covenants for service charge, but there are no liens or covenants on mother's property. She owned the freehold.
The management company levying the service charge refuses to release the property on the basis that there are arrears of service charge. They are demanding £3500 approx. but will not give any accounts or details as to how this amount is calculated.
Mother's solicitor is the executor of her will and is conducting the conveyance, but we have no faith that they are acting in our best interest.
Any suggestions on how to proceed, please. We do not wish to lose another sale.
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
1. Dear Moira, the first thing you should be aware of, is that yourself and your sister can ask the executor to stand aside, if this is what you want. An executor can be replaced at any stage if the beneficiaries are unhappy. Normally, when the beneficiaries request this step, the executor will voluntarily renounce the executorship. However, if there is a difficulty with this happening, a court application can be brought removing the executor. Where the beneficiaries request this step, such an application is granted for the asking. The second point is that these service charges can be paid under protest, ie without prejudice to the rights and wrongs of their payment. then they can be arbitrated or litigated over. This will ensure the sale is not lost whilst not prejudicing your case to get these service charges back. This ensures the sale goes ahead but doesn't prejudice your situation.
Expert:  Buachaill replied 2 years ago.
2. Finally, be aware that because you are the beneficiaries you should be satisfied with the service you receive. So if you are not happy, then take appropriate action. Particularly should another sale be lost.
Expert:  Buachaill replied 2 years ago.
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