Executor powers

S

silverback

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I wonder can anyone help please. My father died leaving a will naming an executor. His estate has some debts that need to be settled. His only asset was the house which is mortgage free. My question is does the follow extract permit the executor to sell the house in order to pay the debts or indeed can an executor sell the house anyway?

"I APPOINT xyz of ABC to be the Executor of this my Will and I Direct her to pay all my just debts funeral and testamentary expences."

The house was jointly owned with my mother (now in a nursing home) and the will states the entire estate to be left to her.

The family dont have the funds to settle the debts. Can the executor sell the property, settle the bills and then pass the balance to my mother?
 
silverback said:
I wonder can anyone help please. My father died leaving a will naming an executor. His estate has some debts that need to be settled. His only asset was the house which is mortgage free. My question is does the follow extract permit the executor to sell the house in order to pay the debts or indeed can an executor sell the house anyway?

"I APPOINT xyz of ABC to be the Executor of this my Will and I Direct her to pay all my just debts funeral and testamentary expences."

The house was jointly owned with my mother (now in a nursing home) and the will states the entire estate to be left to her.

The family dont have the funds to settle the debts. Can the executor sell the property, settle the bills and then pass the balance to my mother?
Click to expand...

If the house is jointly owned with your mother, then the house passes to her outside the terms of the will and does not form any part of the estate. If that is the case and there are no other assets, and you really do need proper legal advice, then your fathers estate is technically insolvent and there are no funds available to pay the creditors.

If your mother is in a nursing home, is she in a position to agree to any sale and actively take part in a sale? If not, then you may need to consider having your mother made a Ward of Court so that , if necessary, the house can be sold to meet her requirements.

On the basis of the facts outlined, then the house cannot be sold by the executor.

mf
 
Hello, thanks for the reply, my mother is able to agree to the sale but I am not sure what you mean by "actively take part in a sale"
It has been suggested that POA is obtained, but I have no idea how that works
 
silverback said:
Hello, thanks for the reply, my mother is able to agree to the sale but I am not sure what you mean by "actively take part in a sale"
It has been suggested that POA is obtained, but I have no idea how that works
Click to expand...

You need to talk to a solicitor. Its not just a case of putting papers in front of your mother to sign. She must be aware of what is happening - i.e. compos mentis. POA only applies if mother is compos mentis and even then the appointed Attorney cannot swear any affidavits.

mf
 
Thanks for that, I have made an appointment to see a solicitor.
 
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