My father recently died and left his estate split three ways between my brother, myself and another person (who induced him to change his will shortly before his death), with a solicitor as executor. The solicitor seems to be hinting that the property (which has an outstanding £30K mortgage on it) should be sold at a very low price - 60% of what it was marketed at last year. In view of this my brother and I would like to purchase it (I can manage cash if I cash in my PEPs) but know that the other party would refuse if she thought we were getting a bargain.

How can I make an offer on it anonymously? How would proxy purchase work, or should we set up a company? Or is there a simpler way of the executor transferring title and ensuring the 3rd. person receives 1/3 the value?

Hi -- Sorry about your loss.

Firstly to get this out of the way....

Was this "another person" by any chance his girlfriend..not that it makes much difference. However when you say this person "induced"..... How do you mean, in what way and do you think they have used pressure to unduly coerce your Father to alter his will in their favour....if so do you have any form of proof to substantiate this. ?

Seperately ..Why do you think the Solicitor acting as executor is suggesting the property is sold undervalue, this is not something that an executor should do...they should always get the best price possible for any assets they are to dispose of, this is acting in the best interests of the beneficiaries. ?

Something is not right here. !

This digresses from the question, but no, the situation was extremely complex. Suffice it to say that nearly all the indicators of abuse of the elderly were present (including preventing his family communicating with him), the Adult Protection Unit had been alerted, there was benefit fraud, his cards had been stolen, and this person had already got him to make his £170K Spanish property over to her in its entirety. In his lucid moments he himself complained of her actions. Unknown to his family and apparently himself, she had actually accepted an offer for his bungalow of £153000 in April (to get her hands on the capital before he died and prevent it going to fund residential care - he was chairbound and becoming demented).

It was for sale in 2007 for £169K and we are being advised to market it at £125K but to accept offers in excess of £100K. Mortgage payments of £190 pm are having to be met so the sale cannot be delayed too long, so clearly selling it at a low value will enable a quick sale. The solicitor in question is inexperienced - not his usual solicitor, but one who drew up the will and also an LPA that did not notify his family, who left all his personal financial documents and insurance policies for house clearance to take, and drew up a letter that was handed to me on his deathbed accusing me of bothering him and stealing from him. So yes, having been excluded from my family home I would like the opportunity to buy it rather than get a fraction of the assets that were formerly my mother's (who died intestate).

Seriously this lasting power of attorney LPA needs challenging by your usual Solicitor, this was not drawn up correctly in line with regulations through the OPG (office public guardian) when a LPA is granted then the Three next of kin should be notified when the power is about to be registered with the http://www.publicguardian.gov.uk/arrangements/lpa.htm without this procedure being strictly followed, the LPA can be revoked by the OPG.

This would mean that when your Father made the last will that he was quite possibly testamentary incapable of making it, therefore this will could be challenged as to it's validity and remade by the courts or his old will re-instated so that only his children benefit from it. !

The actions of this inexperienced Solicitor need very close investigation for neglect or other more sinister concerns that he stands to benefit himself along with "another person" in collusion, at the worst legal action could be pursued to recover all losses and sue him for damages caused by his duty to act in his clients best interests.

From what I understand at this moment your Father was (legally mugged) or very nearly, if things go left unchallenged.

You need to see an experienced Solicitor IMHO about the whole charade.

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How can I make an offer on it anonymously? How would proxy purchase work, or should we set up a company? Or is there a simpler way of the executor transferring title and ensuring the 3rd. person receives 1/3 the value?

To answer that part of your question ...the Solicitor will always know the identity of the purchaser, he has to in order to comply with money laundering regulations even if it was a company the directors identity(s) would be recorded and checkable.

Continuing this digression from the original question: I did in fact draw up a LPA for him containing the clause "any property sale should require my consent and be for the sole benefit of my father" which he professed to be pleased with, (as was his long-time GP) but procrastinated signing it. I made the mistake of being open about this, and when this person found out about it she immediately instructed her solicitor to draw one up with her next of kin - it doesn't have to be family - as notified persons. It had not been signed or registered when he died. I was shocked both to find this out and also that a process that I'd thought had so many safeguards built in could be circumvented.

Underlying both this and the will, what really horrifies me is that a young solicitor need only make an assessment that *in her opinion* the client was mentally capable and she can therefore act as certificate provider. Given that cognitive function tests are protracted and specialist in nature this seems ridiculous. And whilst on the one hand the whole idea of solicitors going to the house is to facilitate the housebound elderly to make a will, on the other it means that the client cannot back down with his abuser present, and lose face in front of his neighbours who have been brought in specially to witness him sign it.

Given that I will only inherit c.£25 -£30K I cannot afford the legal costs of challenging the will. All I can do is report her systematic benefit fraud and hope that one day justice will be done.

Go to the Police this is suspect fraud, make a complaint with the OPG ask your Dad's GP for medical evidence, in fact get a copy of his medical records £10 if requested under the data protection act, even contact the law society about the conduct this Solicitor has displayed and voice your concerns ....Investigations started by these authorities are free and have far reaching consequences.