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Helen Hill
Helen Hill, Lawyer
Category: Property Law
Satisfied Customers: 261
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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I want to buy my dead mothers house but she only left me 35%

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Hi I want to buy my dead mothers house but she only left me 35% of her estate. The executors are the solicitors dealing with the will. They want to market the property and I have to bid along side other potential offers. Is this the only way? As seems a very expensive way to do
Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No - I live in UK and it is based on UK law
Assistant: What steps have you taken so far?
Customer: nothing yet need advice
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I am the main beneficiary with 35% ( half of this going to my son when he is 18) the other beneficiaries are 3 charities at 15 % each and a great niece ( under 18) at 20%

Thank you for your question. I am a wills and probate lawyer so I will be able to help.

The executors of an estate are under a duty of care to all beneficiaries. This means that they have to achieve the best price possible for any property that is contained within an estate so normally it has to be placed on the open market. In most cases where a beneficiary wishes to 'buy out' the other beneficiaries of an estate and obtain the property agreement can be reached between them. Unfortunately, in your case, there are charities who are due to receive a share of the estate. The charities will almost certainly always want to see the property advertised on the open market so that the best possible price can be achieved. This still gives you the option to be able to purchase the other share but only at a price that exceeds, or matches, what anyone else would be willing to pay.

I am sorry this is not better news for you but I hope it confirms that the executor is acting correctly.

Please let me know if you have any further questions as I would be happy to help.

Best regards, Helen

Customer: replied 6 months ago.
If there are no offers on the open market or a ridiculously low offer made - what happens in that case?

Then this will be taken into account and, as long as you offer a market value (i.e. in the region of what the property has been valued at) then the executors could accept your offer on the basis that they are achieving the best possible price for it. They may still need to keep it on the market for a period of time to ensure that they are satisfied that no other offers are going to be made.

I hope this information was useful. Please let me know if you have any further questions.

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