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Original poster

Conflict of interest- inheritance

138 replies

hopeishere · 21/02/2022 18:12

Is this a conflict of interest:

Property left to A, B and C. Equal shares. Former childhood home.

A is an executor.

A has lived rent / bills free in property for eight years. Had previously own home but sold it.

A is interested in buying B and C's share. Can they do this assuming they pay a fair and mutually agreed price?

OP posts:
Original poster
hopeishere · 07/08/2022 16:56

I'm just bumping this so it's up my list of threads I started.

No change. House hasn't sold so A is still in situ. C still not talking to A. Probate due by end of the month. A has bought B's house from them (for cash) and B is moving to another house.

OP posts:
Sporty2022 · 07/08/2022 16:59

Get the property valued by atleast two estate agents. Maybe even three.
All agree on a price, then let the person buy the property, allowing the other two parties to receive their fair share.
If everyone agree I don’t see a problem, plus you have a guaranteed buyer.

Sporty2022 · 07/08/2022 17:00

To add, get the property valued by someone who’s impartial.

Interested in this thread?

Then you might like threads about this subject:

General money
Original poster
hopeishere · 07/08/2022 17:34

Sporty2022 · 07/08/2022 16:59

Get the property valued by atleast two estate agents. Maybe even three.
All agree on a price, then let the person buy the property, allowing the other two parties to receive their fair share.
If everyone agree I don’t see a problem, plus you have a guaranteed buyer.

We did get it valued an A decided not to buy so it's being sold.

OP posts:
Original poster
hopeishere · 23/08/2022 20:10

Person A is still living in the deceaseds house but is asking that that the estate pay the rates / insurance. Morally / legally what would be correct? House is for sale but not much interest.

OP posts:
Charley50 · 23/08/2022 20:55

hopeishere · 23/08/2022 20:10

Person A is still living in the deceaseds house but is asking that that the estate pay the rates / insurance. Morally / legally what would be correct? House is for sale but not much interest.

Estate should pay buildings insurance, A should pay utilities, council tax etc.

Original poster
hopeishere · 23/08/2022 21:05

Thanks! A wants estate to pay both!!

OP posts:
Original poster
hopeishere · 22/04/2023 16:31

Over a year on and nothing has changed.

A remains in the house spending the estates money on gardening or at least paying for it out of their own funds with the intention of claiming it off the estate eventually. Same with insurance and rates.

House is for sale but no interest. A refusing to drop the price.

Some bequests were paid but apparently all of the liquid assets have now gone on these and IHT so B and C have yet to get a penny!

A and B have fallen out again as A decided they wanted both the valuable items mentioned above in recompense for the work they were doing as executor.

What a mess!

OP posts:
Auntpodder · 22/04/2023 16:39

That sounds utterly miserable, especially for B and C. Not helpful in the slightest, but I’d be tempted to ask a friend (that A doesn’t know) to feign interest and put an asking price offer on the house. Just to irritate A…

Newbutoldfather · 22/04/2023 16:41

You need to find some strength here and take legal advice before the estate is pissed up the wall.

An executor has a serious legal duty and need to act in the best interests of all the inheritees.

the house price needs to be dropped until it finds a buyer and the funds apportioned fairly, taking into account A’s rent free period.

Unfortunately, there will be a major falling out. But the alternative is to let A walk all over B and C, and a major falling out to happen anyway.

Original poster
hopeishere · 22/04/2023 16:53

Anis disgusted a the notion of them paying rent, pointed out it had never been mentioned until now. They are utterly convinced they are doing everyone a favour minding the house, keeping it safe and cutting the grass.

B and A not talking. C keeping four of it.

Some clearing was forced on A where everyone got to take some bits (furniture/pictures) and some some is being sold. So very minor progress. A very resistant to this happening and tried to lay down the law about how it was to happen but it was mostly ok. The house is now mainly full of their stuff. I think part of the issue is they realise it's not all going to fit into the house they have bought but they find it very hard to thrown stuff away.

OP posts:
Auntpodder · 22/04/2023 17:08

The other executor… is a solicitor, is that right? Can subtle pressure and hints of facing an investigation for not upholding their duties be brought to bear? It doesn’t sound as if A can be rational any time soon although suggesting the estate pay for A’s storage for a few months, might that be of any help?

Original poster
hopeishere · 22/04/2023 17:14

Is the other executor not upholding their duties though? They are A's friend and I think they are happy with everything. I think A will be able to draw the wool over their eyes.

B would definitely not agree to paying for storage as they are so pissed off with A.

OP posts:
Auntpodder · 22/04/2023 17:31

if the estate isn’t being near to being settled after a year, you could say that the solicitor executor is letting their friendship with A cloud their professional judgement… I’d seek a meeting with the other executor, ask a few questions/make their life potentially uncomfortable enough for them to put pressure on A… you have my sympathy (having had a similar tricky family situation)

Mistymoonsinastarrysky · 22/04/2023 17:37

DetailMouse · 22/02/2022 09:22

B & C need to put everything in the hands of a solicitor and have all dealings through them. A may not like it but they need to have the same conversations anyway and it will be easier if they don't have them direct

This is exactly what one of my siblings and I did; we didn’t trust the other sibling an inch (with extremely good reason as it so happened)
Sibling 3’s behaviour was sickening and devious from the start.

itsmylife7 · 22/04/2023 17:45

B and C need to get a backbone and stop allowing the bully brother to get his way.

He's taking the piss big time and will be claiming £££££ from the estate.

LadyPenelope68 · 22/04/2023 18:01

hopeishere · 21/02/2022 19:05

@DetailMouse

Who thinks it might be a problem and why?
I was just wondering if it was a possible conflict of interest as A is responsible for getting the house valued for probate and could they influence the agent (a friend) to go for a lower price in their favour.

You have to get 3 quotes for Probate, we’ve recently been through this.

Original poster
hopeishere · 22/04/2023 18:47

@LadyPenelope68

Probate has been granted. But we're no further forward in getting A out of the house, the house sold or getting any actual money!

OP posts:
LadyPenelope68 · 22/04/2023 19:19

@hopeishere i feel your pain, I’m going through almost the same scenario with my sister ☹️

Original poster
hopeishere · 22/04/2023 19:39

It's just dragging on and on. There is no reasoning with A they throw a massive tantrum if they don't get their way.

Although B waffles round the point too much. It's all done via email and text which doesn't help.

OP posts:
Original poster
hopeishere · 03/05/2023 14:06

Another element is that A is paying for maintenance for the house with the expectation they will be reimbursed for it when the house sells.

B and C don't think the work is necessary (gardening). They have spent £3400 in one year on gardening (it is a very big garden!)

OP posts:
Auntpodder · 03/05/2023 14:15

Can A continue to keep paying for the gardening? I’d say there’s no right or wrong about nicely kept gardens helping sell a house but if at some point A will need the sale to go ahead in order to get this money back, I’d quietly be very ok about it. If there’s a big pot of money there though, that’s difficult. (Like the whole situation)

Original poster
hopeishere · 03/05/2023 14:22

Do you mean do they have the funds to pay themselves? Yes absolutely.

OP posts:
Original poster
hopeishere · 11/06/2023 08:40

Still zero progress. No buyers for the house. A still living there. B still not talking to them.

OP posts:
burnoutbabe · 11/06/2023 08:53

You need to talk to the solicitor executor and say this time scale is unreasonable and if house price not dropped soon then you will report this upwards (to their firm or the probate office /solicitors complaints)

There is somewhere to report dodgy executors too.