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DM is Joint Executor of her Mother's Will, DA refusing to play ball

(13 Posts)
Feelingforty Mon 20-Jul-09 22:48:19

My granny died earlier this year & left everything to my mum & her sister (my aunt).

My mum would like to buy the property but my anut believes the market will pick up & it's better to try to sell it next year. My aunt apparently suffers from ME (although there is alot of history with other issues) but is very on the ball with money matters. Having said this she is lazy & already has another house which is in disrepair (has been empty for about 15 + years) & she hasn't managed to get it on the market to sell.

My aunt is being very difficult & says she doesn't want to sell her half to my mum - there is no reason why not really, as she would end up with a lump sum of around £100k.

Is there anything that can be done to a) make my aunt sign the forms b) get her certified as mad so that my mum becomes sole executor ?

Is there any advice ? I can see that this is going to end in tears & they'll probably never speak again.

Also wanted to add that my aunt very rarely went round there when granny was alive (stating she was too ill, but has been round there countless times gathering up items since she died). My mum did moreorless everything for the last 9 years (when grandad died) took her on hols, made the garden nice, kept her company, took her shopping. My aunt did nothing.

MsHighwater Mon 20-Jul-09 23:00:06

I'm pretty sure that the answers to your questions are a) No and b)Are you serious?

It might be unfortunate and inconvenient and you might disagree with her but your grandmother left the property to both your mum and your aunt and neither one can do anything without the other's agreement, surely. Perhaps some unbiased advice from someone?

trixymalixy Mon 20-Jul-09 23:11:05

So she is on the ball with money matters, but you think you can get her certified as mad?!?!?!?!?!?!?!?

nice

She can do whatever the hell she likes with her inheritance whether it suits your Mum or not.

Tinker Mon 20-Jul-09 23:15:39

Your mum can't force your aunt to sell her her half but I think (99% sure) she can force the sale of the property.

Feelingforty Mon 20-Jul-09 23:28:09

yes, it is nice isn't it - as I said there are issues with my aunt.

Yes, serious about her getting off being joint executor. My aunt would let the property rot & then neither of them would get anything from it. As I said, she very rarely visited when she was alive, but as soon as she was dead, she was rooting around & taking money & items to sell at the car boot sale.

It's interesting that it sounds so shocking,without knowing the other side.

At present, Aunt is ignoring contact with the solicitor. She has also 'been too ill' to work for the last 20 odd years. So yes, too ill to get out of bed, but probably knows the interests rates for all the banks in the world.
trixymalixy how can she do anything with her inheritance ? she won't get anything unless the property is sold.

Feelingforty Mon 20-Jul-09 23:29:36

by the way, I'm not disagreeing with anyone merely asking for any advice.

trixymalixy Tue 21-Jul-09 14:15:32

On what grounds though? Your and your Mum's personal isues with your aunt are irrelevant, her being too ill to work is irrelevant, her not visiting when your gran was alive is irrelevant.

The fact of the matter is that your Gran wanted to treat them equally and there's not a lot you can do about it. You can't just have her removed from a will on a whim

Your aunt is probably right that now is not the best time to sell and she may get more if they wait and then sell, she may not be.

You haven't said anything that indicates that she isn't of sound mind, just an awkward old biddy.

Feelingforty Tue 21-Jul-09 19:14:27

ok - not going to debate the personal issues. And yes, I realise they are irrelevant, I was just providing background info, now are you just picking holes, or do you have some legal advice to offer ?

If you have joint executors & one isn't 'executing' are there any routes to resolve this ?

Hoping someone helpful can offer advice...

trixymalixy Tue 21-Jul-09 19:33:19

I think you would be better asking on a legal forum or contacting the CAB for advice.

It doesn't sound like you have grounds to remove her as executor.

A quick google came up with these.

www.wrighthassall.co.uk/resources/articles/wtt_removing_substituting_executors.aspx

www.theanswerbank.co.uk/Law/Civil/Question506332.html

You really didn't come across well in your OP. Perhaps phrasing your question in a more neutral manner would have yielded better results.

Feelingforty Tue 21-Jul-09 20:08:03

thanks, I will forward these details on to my mum.

Interesting comment, without wanting to be tit for tat, you might like to re-read your (rude) first comments. However, I do appreciate you looking for me, I wasn't able to find anything relevant. My mum is very distressed by the whole scenario, so any constructive advice is great.

ducdo Wed 22-Jul-09 12:22:04

feelingforty I do sympathise but unfortunately I don't think there is anything you can do.

I had similar situ when my grandma died and left her inheritance to my dad and his brother. they sold the property and both walked away happy. however my step mother at the time (complete witch) then decided to divorce my dad and was obviously entitled to half his money .. which had suddenly increased following the inheritance.

she never even liked my grandma (mutual feelings) so the thought that she was entitled to some of her hard earned cash was a hard pill to swallow but nothing I could do.

i wish you luck..

Feelingforty Wed 22-Jul-09 13:48:48

thanks ducdo, sorry to hear your tale.

I think you're probably right, although the links trixymalixy came up with were useful & it might be that if aunt does ignore everything, there maybe a way out.

Feelingforty Fri 24-Jul-09 08:59:27

wanted to add that aunt has not responded to solicitors letter & when my DM rang her, she said she was too ill to deal with anything. Suggested my DM inform solicitor, so he has now written confirming what she has said & asking her to step down an joint executor.

I don't get why she doesn't want to receive the equity. Mind you, she never goes on holiday & I suspect all money will go in the bank. As they say, nowt as queer as folk !

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