SIGN UP

Executors

Avatar Image
Plumpie | 12:54 Mon 05th Nov 2018 | Law
10 Answers
Hi my partner has died he owned half my home the executors have had my house valued and want me to pay for the half he owned. Fair enough but they have not shown me the valuation although I have asked to see it twice and will not respond to my request what do you think?

Answers

1 to 10 of 10rss feed

Best Answer

No best answer has yet been selected by Plumpie. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
difficult one. Executors are duty bound to do their best by the beneficiaries of the will, which I am assuming you are not......This includes selling property for the best price that they can get. If you aren't a beneficiary I don't think you are entitled to see any of the paperwork relating to the will apart from what is in the public domain.
I answered you on your previous thread:-

https://www.theanswerbank.co.uk/Law/Question1626344.html

You really do need proper advice.
If you owned the property as 'joint tenants' then the property doesn't form part of your partner's estate. You now automatically own the whole property.
https://www.gov.uk/joint-property-ownership

If you owned the property as 'tenants in common' then, if your partner left a will, the provisions of his will apply. (If he left his half of the property to you then there's no reason why you should pay anyone anything).

If you were tenants in common but your partner died intestate then the rules on intestacy apply:
https://www.gov.uk/inherits-someone-dies-without-will
Whoever now owns that half of the house can invite you to buy that share or can seek a court order forcing the sale of the property.

However if you and your partner were living together in the property for 2 years prior to his death as husband and wife (or as civil partners if you're male) you're entitled to apply to a court to vary the provisions of your partner's will (or to vary the rules on intestacy, as appropriate) on the grounds that the will (or intestacy rules) failed to make reasonable financial provision for you.
https://www.legislation.gov.uk/ukpga/1975/63
So you might be able to get some, or all, of your partner's share in the property awarded to you. (You'd definitely need legal advice if you were considering going down that route).

Assuming though that you and your partner were tenants in common, that he didn't leave his half of the property to you in his will and that you don't intend to apply to a court to vary the provisions of his will (or to vary the intestacy rules), then it would not be unreasonable of whomever owns the other half of the property to invite you to purchase their half. It's not clear from your post though what the relationship, if any, is between that person (or group of persons) and the executors. It's ultimately up to the beneficiary/ies of the other half of the property to decide what they want to do with it, not the executors.

It seems perfectly reasonable though that you should want to see the valuation of the property before entering into any financial arrangement. However, if the beneficiary/ies of the other half of the property (or the executors acting on their behalf) don't want to cooperate, the simplest solution for you is to approach a local estate agent to get a free valuation on the property for yourself.
hi Plumple
sorry for your loss and the hassle at this difficult time
Barmaid is a Chancery QC and spend time giving us thickos the benefit of her advice
read it and follow it

you need propa advice and on whether you have a valid claim under the 1975 Act - - which you may well have
On Plumpie's original thread, Chris, he or she says that it is a tic and also suggests there may have been a Declaration of Trust. Plumpie really does need to seek legal advice on this.
Question Author
I note yous advice we did have tenants in common and I did see a solicitor but as he didn't mention the house in his will I was told I have to buy the share or sell the 3 executors are his children they and myself have equal shares in his will although I was with their father for 25 yes until he died they never acknowledged me as his partner they just send me forms to sign that state how much they want off me out of my share all I asked for was the valuation they got on the house and they won't let me see it I feel like I'm being bullied by them as a lot of his accets have also vanished all I wanted to see was the valuation of the house they seem to be trying to take off me as much as they can
Plumpie if you were with your partner for 25 years, you DO need to explore the possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. You need to see a solicitor who specialises in contentious probate (or a direct access barrister). Yes, you probably are being bullied.
come on plumpo
do as the lady says !
Question Author
Thank you for all your answers I know you are right but I think they are determined to make me spend what I have trying to get what was left to me even the solicitor they are using to communicate with me does not reply to my emails hopefully kama will prevail
kama WILL prevail if you go and see a lawyer

1 to 10 of 10rss feed

Do you know the answer?

Executors

Answer Question >>