Disagreement on sale of house

Discussion in 'Wills, inheritances and gifts' started by Joint Executor, Mar 30, 2018.

  1. Joint Executor

    Joint Executor Registered User

    Posts:
    10
    Last edited: Mar 31, 2018
    Any help would be appreciated on this topic.
    Myself and sibling are joint executors of our parents will, which states " The House is to be sold and divided equally". Back in 2008/9 , as there was extra land, an Architect liaised quite considerably with the planning office and did an excellent job. I was led to believe that a planning application had been made. On the passing of our second parent last July it transpired there was no planning.
    Myself and sibling agreed to apply for planning permission as the home with a site would fetch a higher value. I was not directly involved but my sibling advised me (after the fact) that the original architect was unavailable and he had retained an new one, who would do a planning application with a generic house on the plans to save time and money,with a fee that I was shocked at and made this known to my sibling. I was also advised this application was in his name only, apparently to save the architect time doubling up with messages etc. I did not dispute this as was led to believe that everything would work out perfectly.
    The passing date of our parent was July 2017 planning application was eventually lodged in January 2018 and REFUSED in March 2018 on many grounds. I became quite concerned at this stage and studied both sets of plans and was far from happy. I was informed and Appeal was being lodged that would take a further 4 months minimum.
    As my sibling got quite nasty when asked very simply and relevant questions I was left with no choice but to request the architect involved kindly keep me updated BEFORE any appeal was lodged. I was ignored. They went ahead with the appeal, on grounds that I have been denied information on as Im apparently not his client via message from said architect AFTER the appeal was lodged. I am not in a position to wait out another possible 4 to 6 months, in the chance it will be granted,
    I myself as a widow of 6 years , left with no life assurance by my husband, am due in court on Friday regarding mortgage arrears and re-possesion of my home. My sibling has stated in writing I deserve it . The sibling has now gotten quite nasty, after a polite email from me requesting information regarding the appeal , was told, that planning had been most likely refused due to my hysterical nuisance calls to the planning office. I called on the decision day only , and was told only the applicant could be given the decision.
    No value has ever been given on the house or site, this I have arranged myself this week. As the market is now at its peak this is a prime time to sell a fine house with development potential. I am not in the same financial position my sibling is and not willing to wait a further 4 to 6 months when the market could change, the house be an empty insurance risk ( hes willing to lie and say he lives there, I am not) .
    I have kindly requested we liaise though solicitors as his abuse and attempts to bully me is taking its toll on me. He has messaged me today saying his solicitor is busy until August. I would like the house sold as an entity with development potential, without waiting for a possible or unlikely positive result as the development plans changed considerably in 2010. How can I proceed with the sale of the property ? All help appreciated . Thank you in advance
     
    Last edited: Mar 31, 2018
  2. Brendan Burgess

    Brendan Burgess Founder

    Posts:
    35,807
    I strongly suggest you break up the text a bit to encourage people to read it. Put in paragraphs.

    Brendan
     
  3. DeeKie

    DeeKie Frequent Poster

    Posts:
    196
    Go to a solicitor and put your concerns and requirements in writing. Because of the will the house can be sold without planning. Good luck.
     
  4. Marsha25

    Marsha25 Frequent Poster

    Posts:
    90
    Get it valued as it stands and ask your sibling to buy out your half. Then he can sod off and do what he wants regarding planning and if he makes more on the sale in a years time so be it. Was there any other cash left to you both? If probate has been granted then you can distribute any other monies.
     
  5. Joint Executor

    Joint Executor Registered User

    Posts:
    10
    Thanks Brendan, Ill edit it now, see exactly what you mean !! Yikes
     
  6. Joint Executor

    Joint Executor Registered User

    Posts:
    10
    Thank you , I do intend to do this but looking for a bit of clarity beforehand.
     
  7. PMU

    PMU Frequent Poster

    Posts:
    900
    Last edited: Apr 1, 2018
    The will states that " The House is to be sold and divided equally", i.e. that you are to sell the property - not that you are to get involved in property speculation. What happened in 2008/2009 is irrelevant and presumably that architect's fee has been settled. The house should be sold as per the will and you given your half share.
    You should not as suggested get the house valued and sell for half this amount to your brother. The house should be sold on the open market to realize the best price and your brother can buy it there if he wishes.
    This can not be correct. As co-executors you must have obtained a valuation for the purposes of probate, i.e. the value on the CA24 form (i.e. the response to part 4 question 1 Gross market value at the date of death of real and leasehold property), which as joint executor you must had seen and agreed with when you signed the form. So you have a valuation.
    As the current application for planning permission is in your brother's name and you have had no contact with the architect it difficult to se how you or the estate could be liable for his fees, but I'm open to correction on this.
    You say “The passing date of our parent was July 2018”, presumably you mean July 2017, but when was probate granted? That is the important date as the estate should be distributed as soon as is reasonably practical after this. You should draw your co-executor's attention to section 62 Time allowed for distribution of the Succession Act 1965. The whole planning permission issue is irrelevant unless it is required by the will.
    This is a most important point. If the house is uninsured or incorrectly insured you could lose all or some of your inheritance in case of a disaster. You must insist through your solicitor if necessary that your co-executor immediately and appropriately insures the house or gives you the funds from the estate to do so.
    So if you have probate you should proceed with the sale of the property. Forget about the planning permission. If the property has development potential it will be reflected in the price. As your brother has told you his solicitor is busy until August it might be prudent to tell him you intend to proceed with the sale of house and your solicitor shall take charge of the contracts for sale and associated legal aspects. You should look at the terms of the will to see if the co-executors can act separately (i.e. each has full authority to act on behalf of the estate) or are you required to act jointly. It's most likely to act jointly and your solicitor is best placed to advise on what steps to take to proceed with the sale if your co-executor does not co-operate.
     
    Last edited: Apr 1, 2018
  8. Joint Executor

    Joint Executor Registered User

    Posts:
    10
    Thank you so very much for your responses.
    You are correct a valuation was issued and probate granted in February ,however this was a figure based on the house with site with planning.
    The Estate Agent is providing me with a valuation on Tuesday of the house , as it stands, with potential. He seems reluctant without both parties being in agreement, that's the part Im stuck on. I have told my brother of my intentions to proceed with the sale but will I have to take him to court ? he's set on dragging this out, in the hope of the appeal being granted. I don't believe this will happen.
    A misprint of 2018 that Ill adjust now.
    The house is incorrectly insured as he told the insurance company it was not empty and that he was living there.

    Again my thanks
     
  9. Joint Executor

    Joint Executor Registered User

    Posts:
    10
    I have just read the will, It makes no reference to acting jointly or separately.
     
  10. Vanilla

    Vanilla Frequent Poster

    Posts:
    4,102
    Go and see the solicitor who is acting for the Estate. You are one of her clients as co-executor. Talk it out. All this posting on public websites and arguing with your brother ( and him with you ) is doing no good. Just get together, get advice, come up with a shared plan and stick with it. You are at risk of losing any extra benefit in legal and architects fees the way you are heading.
     
  11. Joint Executor

    Joint Executor Registered User

    Posts:
    10
    Thank you for your input. I have seen the Estate Solicitor who has advised to sell the house as per terms of the will. I am not responsible for architects fees as never agreed to any planning appeal, Its very simple, I would like the property sold, he does not and has made it clear he won't discuss this until August. My belief is that forums such as this are there for advice. I'm not quite sure what you mean by "all this posting on public websites " and losing any extra benefit ?? My post ,was detailed to avoid extra questions, honest with a specific question, that you haven't helped on. Thank you and regards
     
  12. Thirsty

    Thirsty Frequent Poster

    Posts:
    1,841
    IANAL. Vanilla is.

    What vanilla is saying, to paraphrase, is that any extra money you hoped to make on the sale of the property is at risk of being lost in architect & legal fees.

    Make an appointment for both of you to see (the same!) solictor & get some clear advice on how to proceed.
     
  13. Vanilla

    Vanilla Frequent Poster

    Posts:
    4,102
    You are welcome.
     
  14. Joint Executor

    Joint Executor Registered User

    Posts:
    10
    Update........I got an up to date Valuation on house plus site with and without planning permission and was delighted with it as theres not a massive amount in the difference. As it stands the home will attract many potential buyers, as a house (that will become only a 2 Bed on the plans, that I was only made aware of this week ) plus a site with planning will only attract developers. I requested a joint meeting with the solicitor to go over issues. He went alone yesterday and messaged me to say he is proceeding with the An Bord Pleanala appeal, as he is within his rights to do this as I was in full agreement, I have written correspondence stating my absolute disagreement on any appeal. So he wants to wait until September in the "hope" it will be granted, after other discussions with professionals this is highly unlikely to happen. Seems my only option now is to obtain the services of a Solicitor to force the sale of the property and also Id like the appeal cancelled, as this is also my property and was lodge without my permission and the Architect was told this in writing beforehand.