Mum outlived dad, passing in 2023, and their estate comprised of financial products, six rental properties and the main residence.
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estate → outlive → products
When mum passed, my brother and I decided that we would administer the estate ourselves.
I would address the financial products and my brother would liquidate the properties.
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brother → pass → properties
I tackled my responsibilities and divided the benefits equally between us.
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I → tackle → us
After a difficult period the relationship with my brother has deteriorated and he now doesn't communicate with me.
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he → deteriorate → me
The flats are still rented and nothing has been done.
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nothing → rent → ?
The Land Registry still shows the properties are in our parents' names.
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properties → show → names
The main residence has fallen into disrepair and the council has demanded a second home (or empty home) council tax levy.
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council → fall → levy
Brothers intend to sell rental flats and main residence of their late parents but nothing has been done (stock image)
One of the flats requires a landlord licence, and next year the rental properties database will require administration and compliance.
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database → intend → administration
I didn't want to be a landlord and the bureaucracy of managing rental flats is not what I wish to get involved with.
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I → want → what
I would like to receive my half to do with as I wish.
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I → like → half
I feel that my brother is blocking my future plans by simply not doing anything.
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brother → feel → anything
Inheritance tax has been paid and I understand that if a property sells for more than listed on the forms HMRC would expect a 40 per cent share of the uplift, similarly a refund if it sells for less.
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it → pay → less
It seems that it doesn't matter what it sells for.
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it → seem → what
Am I understanding this correctly?
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I → understand → this
What can I do – can I compel a sale of the properties?
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I → do → properties
Tanya Jefferies, of This is Money, replies: You are in a bind here because as joint executor you can't just do nothing.
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you → reply → nothing
We asked law firm Collyer Bristow for its take and it explains your duties and a possible course of action below.
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it → ask → action
Unfortunately, taking legal steps to force your brother to act, or to remove and replace him as executor if necessary, would be complicated and potentially expensive.
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force → take → executor
But before that you can still try to resolve the matter with your brother, if necessary by letter if he won't speak to you.
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he → try → you
It would also be sensible to take over any essential administration and work involving the properties yourself, as there could be serious consequences if you ignore matters like council tax, licensing and safety measures.
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you → take → tax
Although we hope the information below is helpful, it would be best to consult a lawyer yourself if you haven't already done so, and a tax specialist to ensure you don't get on the wrong side of HMRC over the eventual property sales, or fail to claim reliefs that could cut your tax bill.
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that → hope → bill
The Law Society has a search tool to find suitable solicitors in your area, and This is Money's tax expert Heather Rogers has written a guide to finding a good accountant.
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This → have → accountant
Partner Samara Dutton and trainee solicitor Cameron Murray of Collyer Bristow reply: The short answer is that your brother cannot indefinitely prevent the administration of the estate by doing nothing.
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brother → prevent → nothing
There are significant concerns here in that the administration of the estate appears to have stalled and estate assets are falling into disrepair, because one of the executors is no longer engaging.
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one → be → executors
Although you and your brother agreed between yourselves that you would deal with different aspects of the estate, that informal arrangement does not alter your legal duties.
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arrangement → agree → duties
As joint executors, you remain jointly responsible for administering the estate and protecting its assets until the administration has been completed.
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administration → remain → assets
That is particularly important where the estate includes multiple rental properties.
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estate → include → properties
From what you say, there are concerns about landlord licensing requirements, electrical safety compliance, maintenance issues and a vacant property that is beginning to fall into disrepair.
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that → say → disrepair
Left unresolved, such matters could reduce the value of the estate and expose the executors to unnecessary costs and potentially third-party liability claims.
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matters → leave → costs
Any rental income generated since your mother's death should also be properly accounted for as part of the administration of the estate.
Samara Dutton, left, and Cameron Murray, right, say your brother cannot indefinitely prevent the administration of the estate by doing nothing
What action should you take now?
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you → generate → action
Before considering court proceedings, it would be sensible to write formally to your brother setting out the outstanding issues and asking him to confirm, within a specified timeframe, how he proposes to progress matters.
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he → consider → matters
You could ask for an update on the current position of the properties, details of any rental income and expenditure, and confirmation of the steps he intends to take towards marketing and selling the properties so that the administration can be concluded.
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administration → ask → properties
If urgent repairs, safety measures or compliance works are required, you should raise those issues with him in writing and keep a careful record of the position.
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you → require → position
While executors would ordinarily be expected to act together, it is important that necessary steps to protect estate assets are not simply ignored: consider arranging for urgent repairs yourself pending resolution of the wider issues.
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steps → expect → issues
What if your brother doesn't respond?
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brother → respond → ?
If your brother continues not to engage, the court has broad powers to assist with the administration of estates.
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court → continue → estates
It is possible to seek orders relating to particular assets, including their sale as you suggest.
However, that may not resolve the underlying difficulty if one executor remains unwilling to participate in decisions and paperwork.
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executor → seek → decisions
In your circumstances, a more effective solution would be an application to remove and replace your brother as executor.
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solution → remove → executor
The court's primary concern will be whether the estate can be administered properly and without unnecessary delay.
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estate → administer → delay
If an executor's lack of engagement is preventing that from happening, the court is likely to approve a replacement so that the administration can move forward.
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administration → prevent → replacement
…and 6 more, not listed.
The Aporia
