Will executors and conflict (possibly of interests?)

Discussion in 'Legal and financial issues' started by Delphie, Oct 8, 2018.

  1. Delphie

    Delphie Registered User

    Dec 14, 2011
    1,229
    I want to pick your brains, TP legal eagles.

    What happens in the following situation:

    Two executors, one family home. While waiting for probate and eventually family home sale executor one moves himself and his family into the family home. It's clear that they will do their best to drag their feet as far as having the property sold and the division of the estate dealt with. They are one of the heirs but there are four beneficiaries as far as the house.

    Executor number two is deeply unhappy with the situation. They are also a beneficiary and would rather get on with everything. The other two beneficiaries are somewhat cheesed off but don't want to make a fuss.

    So, what can/should be done, legally? Can executor number two insist that executor number one plus family move out?

    Hope I've explained well enough!
     
  2. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,508
    Salford
    As executors of the estate I hope they're paying the market rate in rent to the estate, if they're living there for free that could be an issue.
    K
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    16,292
    Male
    North Manchester
  4. Delphie

    Delphie Registered User

    Dec 14, 2011
    1,229
    Thanks you two.

    No rent being paid.

    Everyone is agreed that the house must be sold, but that's the theory. In practice, estate agents are finding access difficult and only one has made it through the door. He said the place was a tip!

    So time is passing with no progress, which suits executor number one to the ground.
     
  5. Duggies-girl

    Duggies-girl Registered User

    Sep 6, 2017
    961

    I read somewhere that if an executor is dragging their feet or playing up that you can get them removed as they are not doing their duty.

    All executors are duty bound to follow the wishes of the deceased to the letter and this one seems to be acting in their own interests which is not allowed. Someone needs to be a bit stronger or else they will be walked over. He has to act in the best interests of all beneficiaries and that means he has to get the best price possible for the house (in case he is thinking of putting an offer in)

    I think there is some kind of time limit for probate if inheritance tax needs to be paid. Inheritance tax must be paid within six months of death.

    You can google lots of information about this.

    And why has he moved in, does he not have his own place. You must not let him walk over you all.
     
  6. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,609
    Kent
    I agree...executor no 2 needs to be forceful and insistent with executor no 1 and do whatever they need to expedite the wishes of the will. Tip or not put it up for sale immediately and inform executor no 1 that the estate requires them to pay market rent or better still tell them they have a 2 weeks or a month to move somewhere else and executor no 2 will be handling all property affairs from now on.
     
  7. Duggies-girl

    Duggies-girl Registered User

    Sep 6, 2017
    961
    Also executors can be held responsible if they make mistakes. It is not a job that I would relish as he can be held to account if he is seen to be acting improperly, which he is.
     
  8. Delphie

    Delphie Registered User

    Dec 14, 2011
    1,229
    They're in the house because he and his partner live in the far east. His two adult children want to be back in the UK permanently and none of them have a propriety here, so they just moved themselves in. He and his partner go back home from time to time but the 'kids' stay put and it seems to suit them all to have this free uk base.

    They've been asked to pay rent and they've been asked to cooperate with estate agents. So far one has managed to see the inside and would need access again to take photos for marketing the house, and of course they'd have to let people in for viewings.

    It would be best if they left, obviously, but telling them to move out or pay rent or cooperate is getting executor number two nowhere. It would be great if there was a legal solution!
     
  9. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,609
    Kent
    I imagine it does suit them to live there rent free as a base! I would imagine executor no 2 could go through legal process to have executor no 1 removed if they are being obstructive to carrying out the wishes of the will which may involve sale of property and distribution of proceeds of estate to beneficiaries but that will cost obviously.
     
  10. Delphie

    Delphie Registered User

    Dec 14, 2011
    1,229
    Yes, exactly. I think it's time for executor number two to get some legal advice but with money being tight I thought it was worth asking the question here first, in case someone had some experience. I've a feeling nothing is going to happen quickly either, even with a solicitor on board, so in a way they're getting the result they're after. I doubt they think they'll be able to stay permanently but even a few months (or longer!) rent free in a lovely big house in London is a good saving.

    It's the cheek of it that gets me.
     
  11. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    71
    What an absolute pain. The offending Executor will hold up the administration of Estate so Solicitor advice I would seek, the sooner the better. Any Solicitors costs should come out of the Estate. To get an Executor removed is very, very difficult and extremely expensive (we were quoted £15,000 per Executor ) .....I’m sure once legal advice is sought you’ll all feel more confident & a plan of action is in place, but it’s just unnecessary hassle that you shouldn’t have to go through.
     
  12. Delphie

    Delphie Registered User

    Dec 14, 2011
    1,229
    Thanks Ducky. It's not me going through this by the way, just a close friend and I'm a bit lost as far as advice beyond go and see a solicitor, but I know from experience how expensive that can be and you've just confirmed it. That said, I'm very curious as to how it all looks legally, especially during the periods when only the adult children are living there. They're not executors or even beneficiaries of the will, so it's bizarre that there isn't some quick solution to all this. I'm guessing they have as much legal right to be there as some random stranger.
     
  13. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    71
    The Executor who is being denied being able to sell property, in my opinion, has the legal right to have the locks changed. You simply cannot have another Executor behaving in this way and holding things up - that’s a big No-No. Tough action i’d Be taking !
     
  14. Delphie

    Delphie Registered User

    Dec 14, 2011
    1,229
    That's not a bad idea, if only to see what would happen next. I'll suggest it. Thanks!
     
  15. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,609
    Kent
    I would be tempted...what can the resident co executor do..take expensive legal action to regain possession when he/she is obstructing from processing the wishes in law of the will and presumably has no clear entitlement to occupy!
     
  16. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    6,444
    Yorkshire
    hi @Delphie
    personally I would be careful about changing locks as that would effectively make someone homeless and be denying them access to their belongings - I would want to know that I wasn't doing something illegal before I took such action
    who is paying the utility bills, house insurance, Council Tax etc? - the Council have an interest in the situation and need to know the house is occupied, they will want to collect CT - utility companies can be informed of the new residents
    might the non resident executor ask the estate agents what a market rent would be and then make it clear that as the estate is currently being denied this income this will have to be taken into account when working out the split of monies when the estate is settled .... plus any depreciation in the valuation of the property caused by the delay and any cleaning/maintenance issues .... plus any interest lost to each beneficiary .... ?
    I wonder whether the children resident know what the situation is?
     
  17. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    71
    Hi

    Obviously shredrech it would all depend what ‘legal’ advice is given re; changing the locks. However, it doesn’t seem lawful to me that an Executor who is a beneficiary can literally ‘squat’ in a an inherited proprlerty that has to be sold as there are several beneficiaries in this case
     
  18. Delphie

    Delphie Registered User

    Dec 14, 2011
    1,229
    Thanks again.

    It's an interesting problem, though a very unwelcome one.
     
  19. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    71
    That’s ok. Be interested to hear of the (hopefuly positive) outcome
     
  20. tryingmybest

    tryingmybest Registered User

    May 22, 2015
    463
    Female
    Unfortunately I have now been told solicitors fees don't come out of the estate, after being told originally that they did, and my incurring nearly £20,000 in solicitors fees over the last 5 years, due to my 2 co-exectors not working with me and a certain person refusing to pay back monies stolen from estate funds, so it still hasnt gone to probate. I just want to enact out my late Fathers wishes but I cant. Everything is such a nightmare. People just seem to do what they want and get away with it.
     

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