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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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I was made executor of my late fathers estate. He left his

Customer Question

I was made executor of my late fathers estate. He left his house to my sister, brother and myself to be split 3 ways. My brother will not leave the house to let me put it up for sale, can you please advise what my options are.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You should have the estate lawyer complete title to the house in the joint names of you and your siblings in accordance with the will.

Thereafter, your sister and yourself will have to instruct a litigation lawyer to apply to the court for an order to sell the property.

Your brother will them have to either buy the two of you out or the court will have no option but to make an order for the sale of the property.

A strongly worded letter from that lawyer in the first instance may help as the litigation costs will be considerable,

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.