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Cyprus Eastern Forum Index » Legal Questions & Issues » Probate and Estates - beneficiary protection
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Probate and Estates - beneficiary protection 
Post: #1   PostPosted: Fri Oct 21, 2016 10:03 am Reply with quote
CMT
Joined: 20 Oct 2016
Posts: 1
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Complex one this, but here goes:

Solicitors are appointed executors through POA.
Cyprus and UK Wills in situ (Cyprus Will named executors revoked executors rights through POA)
Led to a vacuum of coordination and solicitors have done next to nothing in 20 months
Main asset (House) was put up for sale 3 months ago - despite no lien free deeds (this is being settled)
Now discovered Probate hasn't been granted (perhaps not even applied for) and there's an offer in on the house
Solicitors are insisting that beneficiaries authorise everything and recently have sought blanket authorities (which I have refused to give).

Questions are two-fold:

1: Does anyone know if it impossible to sell the estate asset (house) if Probate has not been granted?

2: Is there merit in my appointing a Cyprus firm of Solicitors to act only in (and protect) my interests, as neither the Estate Solicitors (executors) nor the UK Will executors seem to have a clue what they're doing. Also, I am concerned about giving authorities which will come back to bite me in the future
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Post: #2   PostPosted: Thu Oct 27, 2016 6:59 am Reply with quote
Baggysdad
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Location: Worcester (& Pernera)

 
Hi

I don't understand this phrase

Quote:
Cyprus Will named executors revoked executors rights through POA


Which seems to contradict this

Quote:
Solicitors are appointed executors through POA


I'm not clear who are the players. Are there 2 different law firms involved? One named as executors in the Will and a second firm appointed by the first firm under a power of attorney?

Without seeing the authority, its difficult to comment with certainty. In theory it won't be possible for the house to be sold without a Grant of Probate but, reading between the lines, the law firm in Cyprus is seeking an authority from the beneficiaries to sell the house anyway.

If this were happening in the UK, then this wouldn't be happening at all. I would be surprised if anyone representing the buyers of the house would advise their clients to accept an authority from the beneficiaries without a Grant of Probate - after-all, if the Will is found to be invalid during Probate, the beneficiaries of the estate might be different. But that's not your problem so I don't see a problem to you in authorising the sale of the property - its probably got to be sold at some point.

But I would urge caution in letting the law firm off the hook, in fact I would go further and suggest that any authority to sell the house explicitly rests the liability for any repercussions on the law firm.

If the law firm involved are appointed under a POA then the donors of that POA have the right to rescind it and appoint a different law firm under a new POA.

Hope this helps.

P
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Probate and Estates - beneficiary protection 
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