• The Sale Of My Late Husband's House Ordered By The Court In Order To Pay My Award

    By Guest on 04th Jan 2016

    My matrimonial home is being sold in order to pay my legacy after I made a claim against the estate.However the executors are unhappy with the outcome and being very difficult and obstructive. They are not keeping me informed about the progress of the sale, they forbidden the estate agent to speak to me and refuse to tell me who their convyancer is. I would like the £120,000 to be paid to me at completion as I am using the money to buy another property. I originally took them to Court because they refused to pay me my original legacy of £35,000. They have expressed their anger ( for example defacing a letter from my solicitor and sending it back - very childish !) How can I stop them from selling the house and keeping the money ?

  • 2 Answers

    By Guest on 14/01/2016

    The executors will be holding the sale proceeds as trustees for the estate. As trustees they have a legal Duty 2 distribute the proceeds in accordance with the terms of the trust. If they fail in that Duty you are entitled to sue them for your loss. If you are seriously concerned that they will not account to you properly then you can apply to the court to have them removed however you would need to get a solicitor involved.

  • By Guest on 14/01/2016

    The latest developement is that I have tracked down their conveyancer who knew nothing about the Court Order. He was annoyed with their nondisclosure and has promised to ask them to allow my money to go to my solicitor at completion. He said he could only act under their instruction. It looks as if I may have to enforce the Court Order through the court, which could mean that I could lose the property I was hoping to buy. I do have serious concerns about their ability to deal with this matter in the correct way.

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