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Can One Executor Sell Property Without The Other?

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Selling an inherited property can become incredibly difficult if executors disagree, so can one executor sell the property without the approval of others?

This short article will cover how to get reluctant executor(s) to see common sense.

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Can One Executor Sell Property Without the Other?

No.  One executor can’t sell property without approval of the other(s).

Imagine a scenario where the fate of a property sale hangs precariously in the balance. The executors, tasked with the responsibility of overseeing the estate, are at odds. One refuses to sign the Land Registry paperwork, effectively halting the sale. The other executors are left with no choice but to take drastic measures.

Their only recourse is to make a court application, seeking a ruling on this specific issue. Alternatively, they can petition for the removal of the recalcitrant executor, citing misconduct if they cannot provide valid reasons for their refusal. This arduous process is fraught with delays, as court dates are scarce and the wheels of justice turn slowly.

However, there is a silver lining. The threat of court costs can be a potent bargaining tool. The difficult executor must be made aware that their actions could lead to them being saddled with a hefty bill, potentially reaching £60,000 if the case drags on through appeals. This looming spectre of financial burden may be enough to bring them back to the negotiating table, paving the way for a resolution allowing the sale to proceed.

The Role of Executors

Executors manage the deceased person’s estate, including selling their property. However, they must do so in accordance with the will and in the best interests of the beneficiaries. If there are multiple executors, they typically need to work together to make decisions about the estate.

Legal Obligations

For instance, if two siblings inherit a property equally and one of them wants to sell their share, they cannot do so without the other sibling’s consent. If they do, the other sibling may take legal action to recover any losses incurred.

Can You Sell A House Without Probate
Selling a house without probate is possible when the property is jointly owned with a surviving spouse or partner, or when it is held in a trust.

Options for Executors

If executors cannot agree on the sale of a property, they have several options:

  1. Mediation: They can seek mediation to resolve their differences and come to a mutually agreeable decision.
  2. Court Intervention: If mediation fails, they can apply to the court for an order to sell the property.
  3. Joint Decision-Making: They can work together to make a joint decision about the sale of the property.

 

Executor’s Responsibilities

ResponsibilityDescription
Manage the EstateCollect and dispose of all assets in the deceased’s estate.
Act in Best InterestsMake decisions that benefit all beneficiaries.
Obtain ConsentGet consent from all beneficiaries before selling a property.

Can an Executor Sell a Property Before Probate is Granted?

Yes, an executor can sell a property before probate is granted, but they cannot exchange contracts without probate.

Can a Beneficiary Force the Sale of a Property?

Yes, a beneficiary can apply to the court for an order to sell a property if the executor is not willing to do so.

Selling Options

You can get the best price with an estate agent, but the sale is likely to be drawn out over several months, and there’s no guarantee of a sale.

Auctioning a house may seem like a good idea on paper, but the entry fees, upfront legal fees, and waiting months for the next auction can be frustrating.

Why not sell your property for cash? No endless viewings, no fees to pay, and we’ll complete in 10 days or when you are ready!

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