# executor planning to sell estate in opposition to wishes of beneficiaries



## grenzgebiet (23 Sep 2009)

Would appreciate advice re the following situation:
A residence was left to several beneficiaries. Two executors were nominated. One of these is also a beneficiary, the other is not.
The executor-beneficiary wants to sell the residence, against the wishes of the remaining beneficiaries.  
Is it possible for the executor-beneficiary to force a sale of the house without the agreement of the remaining beneficiaries? Can the second executor prevent this? 
The will does not specify that the residence is to be sold & proceeds distributed; all expenses/debts can be paid without necessitating a sale. 
Any input much appreciated.

footnote:  originally two executors were appointed who were not to be beneficiaries of the will; the executor who is also a beneficiary is the daughter of this executor and was appointed (the will was rewritten), following the death of her parent.


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## terrysgirl33 (24 Sep 2009)

If the beneficairies want to keep the house, why not buy it between themselves?  I don't see how a residence can be split between several beneficiaries without selling it...


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## truthseeker (24 Sep 2009)

terrysgirl33 said:


> If the beneficairies want to keep the house, why not buy it between themselves? I don't see how a residence can be split between several beneficiaries without selling it...


 
It can be signed over into their names without selling, something to consider here is CGT, the beneficiaries will be liable for this if they do decide to go down the route of having the house signed into their names.

Its going to depend on the wording of the will, an executor is protected by law to carry out the wishes of the will, a solicitor will advise you whether or not the executor has the right to ignore the wishes of the beneficiaries.


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## terrysgirl33 (24 Sep 2009)

I see what you mean truthseeker, but if one beneficiary wants to sell, and the others don't, then surely it's up to the other beneficiaries to buy out the beneficiary who wants to sell?


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## truthseeker (24 Sep 2009)

terrysgirl33 said:


> I see what you mean truthseeker, but if one beneficiary wants to sell, and the others don't, then surely it's up to the other beneficiaries to buy out the beneficiary who wants to sell?


 
The complication here is that the one beneficiary who wants to sell is also a co-executor. So they have more 'power' than just plain old beneficiaries.

As I said, its really going to depend on the exact wording of the will. The beneficiaries can collectively engage a solicitor to represent their interests - but be aware its just chewing up more money on legal fees!!

Sales can be forced, there are legal instruments to allow this, but also legal instruments to prevent this, but I must advise you (only know from my own executor troubles!!), the law is firmly on the side of the executor as the executor is acting as the agent for the deceased and one must respect the wishes of the deceased as laid out in the will.


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## csirl (24 Sep 2009)

> The complication here is that the one beneficiary who wants to sell is also a co-executor. So they have more 'power' than just plain old beneficiaries.


 
Makes no difference. Even if there was another executor, if one beneficiary wants to sell, then s/he can insist that the property is sold or that their interest is bought out by the others. There is no such thing as "majority rules" when executing Wills.


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## Bronte (25 Sep 2009)

The OP has the option of purchasing the house same as anybody else.


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## mercman (25 Sep 2009)

grenzgebiet said:


> originally two executors were appointed who were not to be beneficiaries of the will; the executor who is also a beneficiary is the daughter of this executor and was appointed (the will was rewritten), following the death of her parent.



The will was re written !!!! Not possible unless the person did not die at all. It is against the law without question to tamper with a will.


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## murphaph (25 Sep 2009)

I take it that the mother rewrote her own will before she died. OP, the 'rewritten' will is the last will and testament, so that's the one that is authoritative (and seeing as probate was granted on it it must have been valid). The previous will is meaningless.


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## grenzgebiet (27 Sep 2009)

Correct Murphaph, the deceased did rewrite her will following the death of one of the executors. Many thanks for the contributions all.


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