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Original poster

house being sold by excutors

25 replies

Thebestthingtowearisasmile · 23/10/2023 10:29

Hi new hear I am no Lawyer but really could do with same much need advice ,
My father passed away 3 years ago and had a local firm of soilictors to be excutors of will .. My brother is the benificary had has very poor mental health and walking issues he has just been givien a small sum of monies from estate not much and have sorted his benifits out to adjust his new payment with his settlement which take a while to do ..Anyway the soilicors have just done this and has taken 3 years .. This was not a complex matter house left to my brother , Anyway last weekend the soilicors sent me a letter saying there is a charge on the property my dad had and we need to sell to cover this . nightmare this was placed by my late father ex partner who has aslo passed away about 7 years ago and her sons want the monies by selling the house this would leave my brother in a poor situation the soilictors have alaways know about charge but i just did not know the amount .. I asked why have you givien my brother monies before settling the debt and they replyed this is a new creditor and was not aware of this debt , surely they could have downloaded a copy or the land registry at the start of this matter to check any secure debts as there roll of excutors .. I am at a loss on moving forward with this matter .. Thank you for reading ..

OP posts:
FSTraining · 23/10/2023 11:20

Thebestthingtowearisasmile · 23/10/2023 10:29

Hi new hear I am no Lawyer but really could do with same much need advice ,
My father passed away 3 years ago and had a local firm of soilictors to be excutors of will .. My brother is the benificary had has very poor mental health and walking issues he has just been givien a small sum of monies from estate not much and have sorted his benifits out to adjust his new payment with his settlement which take a while to do ..Anyway the soilicors have just done this and has taken 3 years .. This was not a complex matter house left to my brother , Anyway last weekend the soilicors sent me a letter saying there is a charge on the property my dad had and we need to sell to cover this . nightmare this was placed by my late father ex partner who has aslo passed away about 7 years ago and her sons want the monies by selling the house this would leave my brother in a poor situation the soilictors have alaways know about charge but i just did not know the amount .. I asked why have you givien my brother monies before settling the debt and they replyed this is a new creditor and was not aware of this debt , surely they could have downloaded a copy or the land registry at the start of this matter to check any secure debts as there roll of excutors .. I am at a loss on moving forward with this matter .. Thank you for reading ..

I'm a trainee solicitor. Slightly obscure questions, but please can you advise me when your father purchased the property and whether the property was built before 1925?

MaggieFS · 23/10/2023 11:23

@FSTraining Don't you also need to know which country the OP lives in 🧐

FSTraining · 23/10/2023 11:27

MaggieFS · 23/10/2023 11:23

@FSTraining Don't you also need to know which country the OP lives in 🧐

Yes, bad habit, I always assume England or Wales!

If it is Scotland or Northern Ireland I'm not going there!

Original poster
Thebestthingtowearisasmile · 23/10/2023 11:31

This is the West Midland uk

OP posts:
Original poster
Thebestthingtowearisasmile · 23/10/2023 11:33

Hello my father purchased house in the 70s thanks

OP posts:
AdaColeman · 23/10/2023 11:45

As this is quite a complicated issue, you would be best advised to gather together all the paperwork about the will, and all the paperwork about the house, who died when, what charges are in force, etc etc, and go to see a solicitor about it.

Take notes about what the solicitor tells you and the advice they give you.

Without knowing the details of the case, no one here will be able to give you accurate information.

FSTraining · 23/10/2023 11:48

Thebestthingtowearisasmile · 23/10/2023 11:33

Hello my father purchased house in the 70s thanks

And age of the house itself?

FSTraining · 23/10/2023 11:48

AdaColeman · 23/10/2023 11:45

As this is quite a complicated issue, you would be best advised to gather together all the paperwork about the will, and all the paperwork about the house, who died when, what charges are in force, etc etc, and go to see a solicitor about it.

Take notes about what the solicitor tells you and the advice they give you.

Without knowing the details of the case, no one here will be able to give you accurate information.

I would agree with this but I might be able to put the OP in the right ball park so she speaks to the right kind of solicitor.

Original poster
Thebestthingtowearisasmile · 23/10/2023 11:50

Hello age of house it was built in 1970s thank you my issue is would the soilictors not have had to check debts first before distrubution of assets first

OP posts:
FSTraining · 23/10/2023 11:55

I needed to eliminate the possibility that this was an unregistered property and therefore the searches would be more onerous. As it was built in the 1970s it would have been registered.

The next question you need answered is whether this is a new charge or part of the one they already knew about. This will determine whether the executors have acted in good faith or been negligent.

Original poster
Thebestthingtowearisasmile · 23/10/2023 12:11

Hello the property is registered and the soilictors had been informed of this charge from when my father died 3 years ago I just did not have amount of charge my issue is i have had a chat with them last week and she is saying she was not aware of this charge but feel as an excutor you would have checked as your duty and responsibly any debts on the estate at the beginning of this process and the amount of time this has taken 3 years .. why did they not download a copy of the land registery at the start of this process to check this matters..

OP posts:
Collaborate · 23/10/2023 12:17

It really depends on what type of "charge" it is.

It could have been a notice protecting a court claim against the property. It might be a charge very much like a mortgage, securing a debt. It might be a notice or caution to protect an agreed beneficial interest.

More information is needed - in particular the precise wording of the "charge".

Original poster
Thebestthingtowearisasmile · 23/10/2023 12:22

My understanding on this charge is that my dads ex patner split up and then had a charge placed against the property by her acting soilictors at the time she passed away about 7 years ago and this matter has been looked into by her sons and they want there monies from the property that my ill brother was left for this life to live in this would make him homeless and in a poor sisuation by selling his home from birth that my dad left him in the will

OP posts:
Original poster
Thebestthingtowearisasmile · 23/10/2023 12:28

Would any charge on a property be logged with the land registry documents as a secure debt ?

OP posts:
Collaborate · 23/10/2023 12:50

Sounds very much like a notice to protect an actual or potential claim in the court.

Her death and his might make it difficult for any claim to proceed. Advoce should be sought from either a family lawyer or a litigation lawyer. If I'm right about it being a notice the notice can be warned off. This will force her family to either apply to court to progress their claim or withdraw the notice.

You can get a copy of the title, and therefore the charge/notice, by paying £3 online at the Land Registry.

Sisterpita · 23/10/2023 12:53

Thebestthingtowearisasmile · 23/10/2023 12:28

Would any charge on a property be logged with the land registry documents as a secure debt ?

If it has been lodged it should show on the Register as a charge.

Original poster
Thebestthingtowearisasmile · 23/10/2023 12:59

Why had the excutors never picked up on this in 3 years of dealing with this matter it is a big firm that deals with house sales also very upsetting for me and my brother to be in ..

OP posts:
RudsyFarmer · 23/10/2023 13:00

Just because the ex put a charge against the house it does mean her sons are actually owed anything! Have they proved legally they are owed money?

Original poster
Thebestthingtowearisasmile · 23/10/2023 13:05

As the sons are her heirs to my late fathers ex parnter this is going to them to be a cleared debt ..

OP posts:
Original poster
Thebestthingtowearisasmile · 23/10/2023 13:06

In there Favor

OP posts:
Original poster
Thebestthingtowearisasmile · 23/10/2023 13:25

My issue is really have the firm of soilictors been neglecting there duty to not have checked to download a copy from the land registry to see if there are any secure debts on the property first before paying my brother from the estate and then now saying they did not notice this debt ..In 3 years of dealing with this will .. what are they being paid for when dealing with this matters..

OP posts:
FSTraining · 23/10/2023 13:35

RudsyFarmer · 23/10/2023 13:00

Just because the ex put a charge against the house it does mean her sons are actually owed anything! Have they proved legally they are owed money?

Well, that depends on the type of charge it is. If the ex-partner had an interest in the property then there is a fair likelihood that her estate does too. The devil is in the detail.

RudsyFarmer · 23/10/2023 13:46

FSTraining · 23/10/2023 13:35

Well, that depends on the type of charge it is. If the ex-partner had an interest in the property then there is a fair likelihood that her estate does too. The devil is in the detail.

Show quote history

Exactly. These charges can be put on in bad faith.

OP you need to find out if the ex was actually due a financial stake in the house by law or did she believe she was morally obliged to the money.

JesusMaryAndJosephAndTheWeeDon · 23/10/2023 13:49

You should start by asking the solicitor for a more detailed explanation of why this has only just come to light and then use the internal complaints procedure at the firm to get it reviewed by a partner.

If you do not get a satisfactory response there is the option to escalate to the SRA.

If it turns out that you were given incorrect advice or mistakes were made you may need to seek the advice of a professional negligence solicitor.

Original poster
Thebestthingtowearisasmile · 23/10/2023 15:05

I would say this was by Law as my father ex partners solilctors who placed charge are involved also in requesting this monies back from house sale process

OP posts:
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