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Disagreement on will and sale of property

  • 30-03-2018 8:47pm
    #1
    Registered Users, Registered Users 2 Posts: 6


    Any help would be appreciated on this topic. Myself and sibling are joint executors of our parents will, which states " The House is to be sold and divided equally". Back in 2008/9 , as there was extra land, an Architect liaised quite considerably with the planning office and did an excellent job. I was led to believe that a planning application had been made. On the passing of our second parent last July it transpired there was no planning. Myself and sibling agreed to apply for planning permission as the home with a site would fetch a higher value. I was not directly involved but my sibling advised me (after the fact) that the original architect was unavailable and he had retained an new one, who would do a planning application with a generic house on the plans to save time and money,with a fee that I was shocked at and made this known to my sibling. I was also advised this application was in his name only, apparently to save the architect time doubling up with messages etc. I did not dispute this as was led to believe that everything would work out perfectly. The passing date of our parent was July 2018, planning application was eventually lodged in January 2018 and REFUSED in March 2018 on many grounds. I became quite concerned at this stage and studied both sets of plans and was far from happy. I was informed and Appeal was being lodged that would take a further 4 months minimum. As my sibling got quite nasty when asked very simply and relevant questions I was left with no choice but to request the architect involved kindly keep me updated BEFORE any appeal was lodged. I was ignored. They went ahead with the appeal, on grounds that I have been denied information on as Im apparently not his client via message from said architect AFTER the appeal was lodged. I am not in a position to wait out another possible 4 to 6 months, in the chance it will be granted, I myself as a widow of 6 years , left with no life assurance by my husband, am due in court on Friday regarding mortgage arrears and re-possesion of my home. My sibling has stated in writing I deserve it . The sibling has now gotten quite nasty, after a polite email from me requesting information regarding the appeal , was told, that planning had been most likely refused due to my hysterical nuisance calls to the planning office. I called on the decision day only , and was told only the applicant could be given the decision. No value has ever been given on the house or site, this I have arranged myself this week. As the market is now at its peak this is a prime time to sell a fine house with development potential. I am not in the same financial position my sibling is and not willing to wait a further 4 to 6 months when the market could change, the house be an empty insurance risk ( hes willing to lie and say he lives there, I am not) . I have kindly requested we liaise though solicitors as his abuse and attempts to bully me is taking its toll on me. He has messaged me today saying his solicitor is busy until August. I would like the house sold as an entity with development potential, without waiting for a possible or unlikely positive result as the development plans changed considerable in 2010. How can I proceed with the sale of the property ? All help appreciated . Thank you in advance


Comments

  • Registered Users, Registered Users 2 Posts: 1,104 ✭✭✭manonboard


    Executor wrote: »
    Wall of text

    If i may suggest two things that will likely get you alot more help.

    firstly, Please add structure to that post. It's a giant wall of text. Alot less people will bother to read it if you dont.

    The forum you placed the post is incorrect. Perhaps the legal or accomodation forum would help you more?


  • Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    You'll probably be just told to consult a solicitor on the legal forum.
    However you could ask about general procedures!
    Accommodation and property forum might be a better place to start!


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