# Can a beneficiary stop an executor selling a house



## Tisme1004 (29 Jan 2019)

Myself and my brother are the only beneficiaries to my grandmothers Will. Probate has been granted. One executor informs us that the other executor is going to sell my grandmothers house. Neither of us want that. Can we stop that?


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## mathepac (29 Jan 2019)

In simple terms no, not as a beneficiary but both executors must agree before any asset disposals take place.


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## john luc (29 Jan 2019)

A simple conversation with the executors should follow here. Maybe there is a stipulation in the will stating that the house must be sold.


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## Brendan Burgess (29 Jan 2019)

Mad stuff.

Why don't people appoint the main beneficiary to be the executor? 

Brendan


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## Deiseblue (29 Jan 2019)

If the Will specifies that the house be sold then the Executor is quite correct and the proceeds form part of the Estates assets which will then be distributed to the named beneficiaries after administration is complete ,  however if that is not the case and as long as there is not a requirement to sell the property to meet the Estate's liabilities the brneficiaries can advise the Executors to assent the property to them .


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## Annie51 (29 Jan 2019)

Brendan Burgess said:


> Mad stuff.
> 
> Why don't people appoint the main beneficiary to be the executor?
> 
> Brendan


When we first made our wills almost 40 years ago all of our kids were very young, and they were and are the beneficiaries, so we could not make any of them an executor,  In later years we made new wills and one of them is now an executor and they all know what our will states.


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## Jim2007 (29 Jan 2019)

Brendan Burgess said:


> Mad stuff.
> 
> Why don't people appoint the main beneficiary to be the executor?
> 
> Brendan



A conflict of interest perhaps and not everyone comes from a happy family.  On one occasion I acted as executor in a case where one of the beneficiaries was a person with special needs and the testator had some doubts about their other child’s willingness to act in their siblings best interests.  As it turned out they were right, the person concerned turned out to be a right selfish git who did everything possible to frustrate my efforts to carry out the terms of the will.  And that included a trip to Switzerland to tell me what he thought of me!


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## Bronte (29 Jan 2019)

Tisme1004 said:


> Myself and my brother are the only beneficiaries to my grandmothers Will. Probate has been granted. One executor informs us that the other executor is going to sell my grandmothers house. Neither of us want that. Can we stop that?


What do you want to happen? 

Is there money to pay all costs of the estate if the house is not sold?


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## Tisme1004 (29 Jan 2019)

We were teenagers when the Will was drawn up Brendan.


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## Tisme1004 (29 Jan 2019)

Appreciate the feedback here. Thank you all.

The will simply states ‘everything of which I die possessed of or entitled to whether real or person property whatsoever or wheresoever situate unto my grandchildren namely, A and B, for their own use and benefit absolutely’.

The concern is that the Executor proposing to sell the house has been extremely offensive and not someone we would want to give responsibility for an honest sale. 

The other Executor says she doesn’t want the hassle of what that sale would involve. 

No debts left on the estate.


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## Cervelo (29 Jan 2019)

Tisme1004 said:


> The will simply states ‘everything of which I die possessed of or entitled to whether real or person property whatsoever or wheresoever situate unto my grandchildren namely, A and B, for their own use and benefit absolutely’.



My understanding of this is that the house now belongs to both of you and it is up to both of you not the executor as to what you both do with the property


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## Deiseblue (29 Jan 2019)

Given the information provided simply write to the Executors stating that you wish the property to be transferred into both your names - obviously both of you should sign this instruction


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## Tisme1004 (29 Jan 2019)

Would seem like that. Think it’s best to talk again to the Executor who is reluctant to be involved in the sale. I think both Executors have to be involved if sale is to go ahead.

The problem with a written request is that my brother is abroad and so there would be a time lapse in which sale could have proceeded. 


Thanks everyone for help to clarify. Much appreciated.




Cervelo said:


> My understanding of this is that the house now belongs to both of you and it is up to both of you not the executor as to what you both do with the property





Deiseblue said:


> Given the information provided simply write to the Executors stating that you wish the property to be transferred into both your names - obviously both of you should sign this instruction


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## DeeKie (29 Jan 2019)

You can both write separately. Fax or email your letters and follow by post.


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## Brendan Burgess (29 Jan 2019)

Tisme1004 said:


> We were teenagers when the Will was drawn up Brendan.



Ah, I see. 

So it's a problem with not updating the will.

Brendan


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