I am in receipt of an email written by the managing agents of the Freeholder to one of the beneficiaries.The circumstances are that we are still awaiting probate, one beneficiary is the mortgage holder, but the Will gives the all the beneficiaries an equal share of the property.'Dear xxx,The landlord received representations from one of the other 'beneficiaries' not to deal with you. As I understand matters are at present the beneficiaries have no legal standing and given the reported disagreements amongst you I believe it would be better to deal with only thoses persons legally entitled to act. In any case we are in correspondence with the supposedly missing lessee, Mr xxx, and can deal with him accordingly. In any case he purports to act for the beneficiaries.Regardsxxx'My questions are1a) Who is the lessee while we await Probate, just because one beneficiary owns the mortgage, does that make him the only one able to act?1b) If he is the sole lessee does he have a right to appoint people to act for him (just as the Freeholder has done?)2) Is the letter correct by implying that the beneficiaries are not 'legally entitled to act' i.e. send letters regarding the Freehold on behalf of the Lessee. Just because one beneficiary owns the mortgage, does that make him the only one able to act?3) If this is false information, combined with many other actions by the Freeholders and Agents amount to harassment especially at this distressing time? If there are any question that don't fall into your legal expertise, please let me know so I can refer these questions to a specialist in Probate.Many thanks
Are you the executor?
No. There are still no administrators or executors and we are waiting the Probate Office for further advice
I should add that the mortgage holder has a 5% interest in the property
the lessee is the personal representative (the executor) of the estate. I do not know what you mean by "because one beneficiary owns the mortgage.". Can you please explain?
Please see the answer above. The only person entitled to appoint people to act for them (solicitor, etc) is the executor of the estate.
beneficiaries are not entitled to act if the will appoint an executor and trustee. Indeed, beneficiaries are not entitled to see the will, although, once it is admitted to probate, they can get a copy from the probate registry for five pounds.
what are you saying his false information? Beneficiaries do not have any legal standing. They only receive the proceeds of the will, under the terms of the will.
I'm not certain why the letter refers to the "missing lessee" as it appears that someone has died. The landlord has no duty to correspond with beneficiaries, only the executors.
Can I help further?Please bear with me today/this eve/weekend as I will be on and offline. We are all real lawyers on here and have clients and court and domestic things etc to deal with.Please don't forget to positively rate my answer, (even if it is not the answer that you wanted), and I will follow up any points you raise for free. The thread remains open. ThanksL
PGD Law. 20 years legal profession, 6 as partner in High Street practice
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