To Will or Not to Will ?

[rainyday]

Re: Executors duties

I'm starting to understand why your solicitor was reluctant to take things forward. It really isn't as simple as saying that the property in question was 'similar' - how similar is similar? Can you get a written opinion from a valuer/auctioneer indicating that the amount received was out of line? If you reckon the auctioneer was misbehaving, you should make a complaint to IAVI.

 

[browtal]

Re: Executors duties

Rainyday, thanks for your interest in my dilemma.
The properties sold, in the same geographical rural region, 1/2 mile apart.
All origanally Co Council Cottages with 1/2 acre. The two sold had 2 reception rooms, bathroom, kitchen, 3 beds.

Mothers had been extended and contained 3 recepton rooms, bathroom 3 bedrooms also 4 years prior had all new windows and doors fitted plus some other improvements including central heating.

The location of Mothers is slightly better, being 1/2 mile closer to the city.
I have spoken to the auctioneer for one of the properties and the daughter of the other property told me the price obtained.
So my valuation is based on as near possible like with like.
I am surprised and disappointed that my solicitor did not request that I get a valuation before the property was sold. It is difficult to get an accurate valuation now as the house is occupied and I am sure access would be denied. I would be happy to request one of the auctioneers who sold the other property near Mothers.
My fear is that I have left things too late. It has been an emotional journey for me and unless I have a reasonable chance of being successful I do not want to travel that road.
I have strong professional reasons for believing that a will can be upheld. willow

 

[rainyday]

Re: Executors duties

I have spoken to the auctioneer for one of the properties and the daughter of the other property told me the price obtained.

So you are basing your allegations of fraud by the executor & the auctioneer and incompetence of your own solicitor on a conversation with an auctioneer and a family member - To me, this is not a sound basis for such allegations.

I'm sorry for your loss and sorry that you've gone through a difficult time, but I really don't see that you have hard evidence that you have been 'done'.

 

[browtal]

Re: Executors duties

hi rainyday, thanks for your reply. I may have worded my email incorrectly.
I can prove the sale price of the two properties in the same area.
The estimate which I have quoted is the figure my solicitor has placed on the property. My solicitor, from day one, was and still is in agreement about my estimate of the value of the property.

His explaination is 'it is going to be difficult to prove', without an independent valuation, versus the existing one.
I now feel my solicitor should have given me this information while the property was unoccupied during the 17 months following Mothers death,while or possibly, before probate was administered. Had he advised me I could have addressed the issue while it was still current.
I was not aware that I could have addressed the problem with the probate office, as I now understand. My solicitor was aware that I feared this type of outcome. My solicitor knows personally all parties concerned and was fully aware of the conflict that had existed regarding Mothers care before her death.
It is the saddest of outcomes that Mothers Will was not honoured and that she was badly treated during her final illness by the executor. Willow

 

[darag]

Re: Executors duties

it still sounds like a very fishy. was it sold through a particular auctioneer? how long was it on the market? how was it advertised? have you sought a second opinion legally?

 

[browtal]

Re: Probate

I have not sought the advice of a second solicitor as I feel in my delay, in not getting a true valuation, I have prejudiced my case.
How can one get an accurate valuation without entry to a property?
If I am correct then I feel I was badly advised by my solicitor.


The property was not advertised,

It was sold direct by the executor, not through an auctioneer, to my sisters daughter.

No body was told that the house was for sale.

As already explained I received a letter through the executors' solicitor making an offer. I replied ,in writing, with copy to executor and his solicitor, that the offer was below the current market value of similar properties and suggested that the open market was the only place that would put an accurate valuation on the property.
This was around Jan/Feb(I do have accurate records of all corresp).
The following Sept my brother told me that house was sold to my niece for 7% less than the low valuation of their auctioneers.
I fully expected to see the property for sale in our local paper but it did not appear. At the price of the sale I would have purchased the property myself.
If I could solve the problem about gaining a proper valuation I would be anxious to get further advice.
In my official capacity I work for a registered body, for the elderly and one of the important areas I would handle is to encourage older people to make a will with their solicitor. Now I find this difficult as what does a Will mean if the executor has the right to do what they like: I have also come across similar cases and, dismissed them on the grounds that I was getting one side of the story.
In fact my work is the main reason I find it difficult to drop this issue. The amount of money involved will make no significant difference to my way of life. As my niece does not have a home of her own, if she had requested that I consider this situation I would have had no difficulty in reaching a compromise.
Sorry it is so long but I feel I am making a poor job of expressing my case.
thanks Willow

 

[darag]

Re: Probate

bowtal, i'm not really in a position to advise you; i only entered this discussion out of curiousity and to some extent to counter the tone of some of the previous messages. i would have thought that an argument could be made that the executor of the will did not fulfill their duty to realise the max for the property by not advertising it/putting it on the market. however this is simply a worthless opinion 'cause i've no legal expertise. i don't see what you can do besides get a second opinion legally but you should consider whether the money you feel you've lost justifies further time and expense.

 

[browtal]

Re: Probate questions

rainyday, thanks for your further mail. On answer to your questions
:-
No advertising was done for sale of the property
No Auctioneer was appointed, apart from the valuation.
The executor told me, after the sale,that it was waste of money appointing an auctioneer. He also told me at this stage that he had received two valuations but is now unable to produce the second valuation.
The property was not put on the market.
No body was told the property was for sale.
Following the completed sale, about 17 months after the death of the parent, I was told that the property was sold to my niece.
Willow