When family members disagree about the distribution of an estate, particularly involving high-value property, the situation can quickly become emotionally charged and legally complex. We recently represented a client who found himself in exactly this position, facing obstruction from a co-executor sibling who refused to agree to a fair property sale.

The Background

Our client, whom we’ll call Mr C, was one of three equal beneficiaries to his late mother’s estate. The main asset was the family home in London, valued just over £1,000,000 for probate purposes. Each beneficiary was entitled to one-third of the estate.

The challenge arose when Mr C’s sister, who was also a co-executor alongside him, refused to cooperate with selling the property at market value. Instead, she offered to buy out his share for £215,000 – significantly less than his rightful entitlement.

The Complications

Several factors made this case particularly challenging:

• Co-executor conflict: Both siblings were named as executors, but the sister had not contributed to the estate administration
• Living arrangements: Mr C had lived in the property his entire life and was in receipt of universal credit
• Property condition: The house required maintenance work, including addressing subsidence issues
• Professional executors withdrawing: The originally appointed legal services firm had renounced their executorship due to the contentious nature of the situation
• Safety concerns: There were additional complications involving threats to the property that required police involvement

Our Approach

Initially, Mr C contacted C-PAID. Mr C recognised that he needed robust legal representation on a genuine No Win No Fee to ensure his rights as a beneficiary were protected, and so Fifty Six Law became the instructed law firm to advance his claim. Our strategy involved:

1. Establishing fair market value: We arranged for an independent property valuation to confirm the true market value, ensuring any sale would reflect current market conditions rather than the probate valuation
2. Negotiating with the co-executor: We entered into formal correspondence with the sister and her legal representatives, making it clear that our client would not accept less than his rightful share
3. Preparing for court action: When negotiations initially stalled, we prepared an application to the court for an order for sale and, if necessary, to have the obstructive co-executor removed from her position
4. Protecting our client’s interests: Throughout the process, we ensured that Mr C’s vulnerable position as someone living in the property was taken into account

The Outcome

Faced with the prospect of court proceedings and the strength of our client’s legal position, the sister eventually agreed to cooperate. The property was placed on the open market with a reputable estate agent, ensuring competitive offers could be received.

The property attracted significant interest and sold for a figure that properly reflected its true market value. This meant Mr C received his full one-third share of the estate, providing him with the means to purchase his own property – exactly as his late mother had wished.

Key Lessons

This case highlights several important principles in contentious probate matters:

• Co-executors must act jointly: When executors cannot agree, the administration of the estate can grind to a halt
• Beneficiaries have rights: Even when facing opposition from executors, beneficiaries are entitled to their share of an estate
• Court intervention is available: Where executors act unreasonably, the court has powers to intervene and ensure proper administration
• Professional support is crucial: Having experienced solicitors can make the difference between accepting an unfair offer and securing your rightful inheritance

The Importance of the Right Legal Support

What made the difference in this case was our client’s decision to seek specialist legal advice rather than accepting an unfair offer. By understanding his rights and having the backing of experienced solicitors, he was able to stand firm against pressure and ultimately secure the outcome his mother intended.

For Mr C, this meant not just receiving his rightful inheritance, but also being able to move forward with his life, purchasing a property suitable for his needs and honouring his mother’s wishes.

If you are facing difficulties with estate administration or believe you are not receiving your rightful share of an inheritance, our specialist contentious probate team can provide expert guidance and support. We offer free initial consultations to assess your situation. Call us on 0161 515 7329 or visit https://www.fiftysixlaw.co.uk/contact/ to leave your details and arrange a consultation.

For anonymity and the privacy of our client, some details have been slightly altered.