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Why is the house not sold 13 years after death

33 replies

Sunbeds · 08/10/2024 16:09

I have to say from the start that this house doesn’t belong to me or a relative. I just live in the house attached and I want to sell mine.
The old man died 13 years ago. He had a simple will. Left it split 75% to his daughter and 25% to his son. The will was very straightforward - half a page. They got probate quickly.
13 years on though the house is derelict, no one lives there. The daughter lives 200 miles away and occasionally visits. Has a gardener to mow the lawn. She must be in her 70s now. She’s absolutely not rich.
I am struggling to sell my house because of this mess next door.
I think she tried to burn it down. Set a log fire in the open hearth and went out. Place full of smoke! Denied it of course.
Property is still in the old man’s name.
She won’t discuss it.
What could be going on behind the scenes? What can I do?
At my wits end.

OP posts:
JohnofWessex · 08/10/2024 18:38

If the Local Authority get involved they can either force the owners to act or go for Compulsory Purchase.

There has been talk in Scotland of Compulsory Sale orders which IMHO makes a lot of sense especially with Commercial property.

I would also suggest in these cases there should be a levy on the owners say 10% of the proceeds to cover the Authorities costs.

NewGreenDuck · 08/10/2024 18:49

Definitely speak to the local authority. We used to have an empty homes officer where I worked. I actually sat next to him, and this is just the sort of thing he would get his teeth into! It's not a quick process, so if they do get involved it won't happen overnight, but he did bring lots of houses back into use.

since1986 · 08/10/2024 18:53

GallopingGhost · 08/10/2024 16:25

We have the same problem with my parent's property. This house is also almost derelict.

The problem with us is the executor won't put the house up for sale. The only option is to remove her as executor and sell the house ourselves. The money could then go to the beneficiaries and the neighbours would be relieved to not live next to a crumbling rat and spider infested hellhole.

Problem is, we can't afford the legal costs to remove the executor and get the house sold so we're stuck. The house rots, the neighbours are upset and the beneficiaries (grandchildren) can't access their inheritance.

I sympathise.

You should easily be able to find a solicitor who would take the work and take payment from the sale of the property. Or you could just get a loan 🫠

JimberlyJo · 08/10/2024 20:45

@GallopingGhost why don’t you report this to your local council as others have advised the op?

GallopingGhost · 08/10/2024 21:17

JimberlyJo · 08/10/2024 20:45

@GallopingGhost why don’t you report this to your local council as others have advised the op?

I could, but it worries me that it might be similar to when a bank repossesses a property. They then sell it on for next to nothing to their 'preferred buyer'. I'd rather it went on the open market, even if that's an auction.

I'm going to insist one of my adult DC goes to the solicitors with me next week, at least then we'll have an idea of options and costs.

JohnofWessex · 08/10/2024 21:41

If a property is repossessed the lender has to achieve the best possible price.

For Compulsory Purchase its the market value.

ByQuaintAzureWasp · 10/10/2024 11:04

GallopingGhost · 08/10/2024 16:25

We have the same problem with my parent's property. This house is also almost derelict.

The problem with us is the executor won't put the house up for sale. The only option is to remove her as executor and sell the house ourselves. The money could then go to the beneficiaries and the neighbours would be relieved to not live next to a crumbling rat and spider infested hellhole.

Problem is, we can't afford the legal costs to remove the executor and get the house sold so we're stuck. The house rots, the neighbours are upset and the beneficiaries (grandchildren) can't access their inheritance.

I sympathise.

If the will states that the house should be sold the executor MUST do so. Otherwise you can report them for not fulfilling their role.

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