Sale of House after death of father

[COLAKO]

Hello, I would welcome any advice relating to my predicament. My father died in november and in his will he said that my sister should be given first option to buy the family home (with discount). He stated she should do this within 4 months. In order for my sister to buy the house she needs to sell her own house. This is proving difficult and the executor and other family members (8 siblings) are sticking to the deadline. I know my father was intelligent and would not have expected everything to be completed in this time. I beleive he intended for my sister to decide within 4 months if she wanted to buy the house and then organise the sale of her own. I expected the other siblings to show discretion in relation to the time. They are now forcing her to a deadline at wich point the house is being put up on the open market. The executor has also persuaded her to use an estate agent personaly known to him. I feel that the estate agent will not act independently because he knows if he doesnt sell her existing house he will then be given the chance to sell my fathers far superior house. 3 of the 8 dont want the house on the market under any circumstances and the rest are forcing us to put it on the market and deprive my sister of the house. My fathers wish was for her to have the house and im upset that people dont want to respect this for the sake of a couple of months. The house will realise more on the open market than if its sold at the discount. Anybody who has a similar experience or any advise, would love to hear from you.

Thanks

 

[Padraigb]

Legally, it is the for the executor to decide how to proceed, and the executor is constrained by the instructions given in the will. The fact that 5 beneficiaries are of one view, and 3 have a different opinion is not relevant (except in the matter of family relationships, but I suspect that they are already damaged).

I think the wording of the will is critical, and your sister should get the advice of a solicitor on how it is to be interpreted. I suspect that if she offers within four months to pay the discounted price, she might be okay -- but that her offer would need to be unconditional. It might then take some time (a number of months) to complete the sale to her.

What your sister might need to do is find a bank willing to provide bridging finance (not easy in today's environment, but not impossible) and she might find herself having to sell her house in a hurry, taking a risk on the price it realises.

The executor should not have any role in deciding who her selling agent should be.