Legal Question in Wills and Trusts in United Kingdom
Will Executors
My mother in law passed away in Dec 04 and the elder daugher (3 children) was granted the probate. She has only just put the house on the market and through the whole process made on contact with my husband (her brother). We have been informed by Estate Agent that several offers have been made but all refused - none of this discussed with my husband. Does he have any legal rights to be consulted in the settling of the estate? Can he do anything to prove his sister is not carrying out her role as executor and take over the task?
1 Answer from Attorneys
Re: Will Executors
I am assuming from your question that your daughter in law was the sole executor of this will and that your husband was not appointed an executor but was a beneficiary. If this is not the case you must let me know and I will advise further.
An executor has a duty of care towards a beneficiary appointed in the will,thus your mother-in-law has a legal duty to administer the will for the benefit of your husband and this would include selling the property as soon as possible and for the best price avoidable. If this is not being done your husband may obtain appropriate orders from the court.
If I can assist further in this please let me know.
Andrew Dutton
www.legal-zone.co.uk
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