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RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3446
Experience:  LL.B (Hons)
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I’d like advice regarding contentious probate please? Yes I

Customer Question

Hello I’d like advice regarding contentious probate please?
JA: 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: Yes I have a lawyer but not confident that their advice is right for my situation. I’m in the UK
JA: What steps have you taken so far?
Customer: 2 properties were left to myself and 2 siblings. I did not want to sell nor was it stipulated. I agreed to sell one but they wanted both to go and got a court Order against me. I’m still not happy to sell both. The Order was granted as they coerced me into agreeing with legal threats
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Im the Executor.
Submitted: 9 days ago.
Category: Property Law
Expert:  Virtual-mod replied 9 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 9 days ago.
fine to wait thanks
Expert:  RJM Law replied 8 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Expert:  RJM Law replied 8 days ago.

Thank you for the question.  I am sorry to hear about this situation.  If there is a legal order ordaining the sale, or if you have agreed to the sale, the sale will be able to take place.  What you are stating is creating a contract under duress.  This can render a contact void.  However, the threat of legal action would unlikely be deemed as a "threat" as a person has the legal right to raise a court action if required, however I do understand your point.  If you feel you can show that you agreed to the sale under the duress, you could look at having it rendered void.  However if the court have already order this they may take the view this should have been raise at the time.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 7 days ago.
Hi, Thanks for your response. Yes the solicitor acting for me basically said I wouldn’t stand a chance defending the sales of both properties as my sisters were accusing me of using the them for my family’s benefit only and they would get me removed as executor. This was unfair as prior to dad’s death he’d asked my son to live there to keep an eye on the house and adjacent shop. I reasoned with them to sell just the house but let us remain with the shop. But one of them had promised her boss that he could buy them. There is proof he put in an offer under value too and knowing there was a court Order in place stating how the properties should sell. Ie together. This was against the advice of an independent Valuers recommendation too. So I’m at a loss to know why? I want to take it back to court and argue where are my rights to keep some of my family home. It seems I have none. I was recently hospitalised with pneumonia and asked my solicitor if I could renounce my executor role. And my sisters deal now. They have power reserved..I was told I couldn’t by my solicitor and she is instead keen to get power of attorney over me. I’ve said no. I feel that would leave me with no decision options on who actually purchased the properties. She also said that as my parents had the house as their only residence. The inheritance free amount granted at probate is no longer valid as it’s taken so long to sell. If that’s true the estate would almost be valueless now after legal fees, carehome bills and other debts are settled. So wouldn’t I be failing in my duty to protect its value by selling both? If one is sold and debts settled from that alone, can I not argue it’s best to invest in the other and not sell given this new information coming to light?
Sorry it’s so complex.
Expert:  RJM Law replied 6 days ago.

Sadly the independent review is not legally binding.

Customer: replied 5 days ago.
Sorry don’t understand your last reply?
Expert:  RJM Law replied 5 days ago.

What I mean is the independent review you received does not have a legal standing.