My friend died but left a will

[starone]

leaving, after small bequests to her grandchildren, everything to her four children to be divided between them. Two of them have sold the house to themselves and one of the remaining ones has just been told, by phone, that her siblings have bought her out and that she will be receiving in due course the sum of £20,000 as her share.of the proceeds from the sale of the house. As I witnessed the will the daughter has come to me and although I know I am not responsible for anything that happens, I would like to know if they are allowed to this. I would have thought they required all four signatures on anything they planned to happen. Am I right? There was also a term deposit, but I do not know how much for (I also helped with this, which is why I know it was there) How can she find out about this? Does anyone know?

[woofgang]

who is the executor? legatees are entitled to see a statement of accounts of the execution of the will...debt and biils paid etcet. If the will said that the house was to be sold and the proceeds divided, then it should be sold for a market rate sum. I reckon this young lady needs legal advice.

[starone]

Thanks wolfie, I told her she should get her own solicitor, but I appreciate your answer, as it proves me right. Unfortunately, I cannot remember who the executors are, as it was some time ago when I witnessed the will but I think it might have been the actual beneficiaries if that is possible. I also thought that they would require her permission to sell the house, even though she only gets a quarter share. The laws are very complicated to a layperson, such as me.

[starone]

Sorry, that should have been woofie, not wolfie.

[woofgang]

yes executors can and often are beneficiaries of the will. If the will says sell the house and divide the proceeds then it doesn't require the beneficiary's permission....not sure if it just says "left to" The question IMO is what charges were there against the estate in terms of bills debts and so on? and was the house sold to the other sisters for a fair market value? Once the will has been to probate, it becomes a public document which anyone can see and, as I said IIRC beneficiaries are entitled to a statement of accounts from the executor(s), I can't remember what the proper term is for it.

[woofgang]

was the estate residue to be divided equally? That term deposit may have been cashed by the deceased before she died.

[Barmaid]

I would need to know the exact terms of the Will. However, what is WRONG is the fact that 2 of the beneficiaries have bought out the other 2 with at least 1 of them being unaware of this fact. This is in breach of the "fair dealing rule" (where beneficiaries cannot purchase the beneficial interest of the other beneficiaries without certain disclosure being made), this is worse if the two that have bought out were also executors (then in breach of the self dealing rule). You need a few more details but at first blush this looks wrong.

[starone]

Thanks everyone. Barmaid, I think you have hit the nail on the head, when you say that two of them have not kept the others informed but just gone ahead with the deal, which is beneficial to themselves. The main debt was that she was in a nursing home for about a year before she died and so there is a substantial debt owed to the Council before anything else I believe they have first call on any estate left but the two who have bought the house were trying not to pay that. Trouble is everything is a bit vague, so I reckon her only recourse is to go to a solicitor. I don't think she knows enough to sort it out herself. Thanks for your help and for pointing me (and her) in the right direction.