Legal Advice, please
Discussion
Hello All
Are there any English Law solicitors on here , please ??
A sole parent has passed away , leaving a Will with two Executors.
The funeral etc etc has all been take care of without any issues.
The house is empty and all furniture and effects have been taken care of.
One Executor wants to sell the house , the other Executor wants to Rent it.
Both are at a stalemate at the moment .
My question :- Can one proceed with their wish without the signature of the other.
i.e - Can the one wishing to rent , go ahead and rent without the say so / agreement / signature of the other Executor ?
Whatever answer comes back will not be binding , obviously , just trying to find out where we / I stand.
Thanks.
Are there any English Law solicitors on here , please ??
A sole parent has passed away , leaving a Will with two Executors.
The funeral etc etc has all been take care of without any issues.
The house is empty and all furniture and effects have been taken care of.
One Executor wants to sell the house , the other Executor wants to Rent it.
Both are at a stalemate at the moment .
My question :- Can one proceed with their wish without the signature of the other.
i.e - Can the one wishing to rent , go ahead and rent without the say so / agreement / signature of the other Executor ?
Whatever answer comes back will not be binding , obviously , just trying to find out where we / I stand.
Thanks.
Sam99 said:
Hello All
Are there any English Law solicitors on here , please ??
A sole parent has passed away , leaving a Will with two Executors.
The funeral etc etc has all been take care of without any issues.
The house is empty and all furniture and effects have been taken care of.
One Executor wants to sell the house , the other Executor wants to Rent it.
Both are at a stalemate at the moment .
My question :- Can one proceed with their wish without the signature of the other.
i.e - Can the one wishing to rent , go ahead and rent without the say so / agreement / signature of the other Executor ?
Whatever answer comes back will not be binding , obviously , just trying to find out where we / I stand.
Thanks.
Executors or beneficiaries? (or are they one & the same?). i,e, who owns the house now?Are there any English Law solicitors on here , please ??
A sole parent has passed away , leaving a Will with two Executors.
The funeral etc etc has all been take care of without any issues.
The house is empty and all furniture and effects have been taken care of.
One Executor wants to sell the house , the other Executor wants to Rent it.
Both are at a stalemate at the moment .
My question :- Can one proceed with their wish without the signature of the other.
i.e - Can the one wishing to rent , go ahead and rent without the say so / agreement / signature of the other Executor ?
Whatever answer comes back will not be binding , obviously , just trying to find out where we / I stand.
Thanks.
What does the will state about who now owns the house?
I was under the impression that an executor simply administers the will on behalf of the deceased.
If there is no will everything I would have thought would pass into the estate, which would include the two next of kins?
Sorry you mentioned will, what does it say?
I was under the impression that an executor simply administers the will on behalf of the deceased.
If there is no will everything I would have thought would pass into the estate, which would include the two next of kins?
Sorry you mentioned will, what does it say?
If the executors and the beneficiaries are the same, and the will does not say anything about what should happen to the house - ie it just says, it is left 50 / 50 to the two beneficiaries then the execution of the will is effectively done.
Now you just have two people that jointly own a house a can't agree what to do with it. So it is a stalemate until one backs down or - for example - sells their part to the other.
Now you just have two people that jointly own a house a can't agree what to do with it. So it is a stalemate until one backs down or - for example - sells their part to the other.
CharlesElliott said:
If the executors and the beneficiaries are the same, and the will does not say anything about what should happen to the house - ie it just says, it is left 50 / 50 to the two beneficiaries then the execution of the will is effectively done.
Depends on the size of the estate. If there's other assets they could go to beneficiary A while 100% of the house goes to B. All this stuff needs proper valuation for probate, regardless of how it's distributed.This "renting" thing makes no sense. The deceased's estate can't rent out the house indefinitely.
Edited by silentbrown on Friday 5th August 18:18
Sam99 said:
There are three beneficiaries - two of whom are the Executors.
All three will benefit from the sale.
All the executors need to do is comply with what the deceased required in the Will. If it requests that the estate be split between 3 beneficiaries then the house (and any other significant assets) need to be sold. All three will benefit from the sale.
Obviously, one of the 3 beneficiaries can buy out the other 2 if they have the money to do so.
I’m no legal expert but would have thought that to conform with the will both Executors have to agree ie to answer your question neither can just do what they want without agreement of the other.
Perhaps the third beneficiary should act as the mediator.
Stalemates can last a long time if not careful.
Perhaps the third beneficiary should act as the mediator.
Stalemates can last a long time if not careful.
Sam99 said:
There are three beneficiaries - two of whom are the Executors.
All three will benefit from the sale.
Any one of the beneficiaries is entitled to their full value out of the estate. No one can demand the house is rented out, unless they are prepared to buy out the person who wants their money now. If they can't, the house must be sold. All three will benefit from the sale.
TwigtheWonderkid said:
Any one of the beneficiaries is entitled to their full value out of the estate. No one can demand the house is rented out, unless they are prepared to buy out the person who wants their money now. If they can't, the house must be sold.
I'm sure you are right, but as someone said above, why would the house need to be sold? It can be shared between three people each owning an equal share.and unless the will says otherwise, it has been complied with.BertBert said:
TwigtheWonderkid said:
Any one of the beneficiaries is entitled to their full value out of the estate. No one can demand the house is rented out, unless they are prepared to buy out the person who wants their money now. If they can't, the house must be sold.
I'm sure you are right, but as someone said above, why would the house need to be sold? It can be shared between three people each owning an equal share.and unless the will says otherwise, it has been complied with.If my wife decided today she wants out and wants her half of the value of our house, I cannot stop that. I either buy her out or sell up. I can't just refuse to sell and refuse to buy her out.
Unless the will stipulates that the house should be sold so that funds can be split then the executors job is done when probate is granted and assets distributed.
Then it just becomes a question of what the law says about whether one part owner of a jointly held asset can force another part owner to sell against their will.
...or maybe you will suddenly get a low-ball offer from them to buy out your share.
Then it just becomes a question of what the law says about whether one part owner of a jointly held asset can force another part owner to sell against their will.
...or maybe you will suddenly get a low-ball offer from them to buy out your share.
Wombat3 said:
...
Then it just becomes a question of what the law says about whether one part owner of a jointly held asset can force another part owner to sell against their will.
This seems relevant.Then it just becomes a question of what the law says about whether one part owner of a jointly held asset can force another part owner to sell against their will.
https://www.abacus-law.co.uk/blog/how-to-handle-a-...
sell/#:~:text=Typically%2C%20if%20one%20person%20wants,joint%20partner%2C%20want%20to%20sell.
But it sounds like you jointly, as executors, need to pay for some professional advice and see what compromise you can reach.
"Where there's a will there's a war" can be all too true.
Sam99 said:
Hello All
Are there any English Law solicitors on here , please ??
A sole parent has passed away , leaving a Will with two Executors.
The funeral etc etc has all been take care of without any issues.
The house is empty and all furniture and effects have been taken care of.
One Executor wants to sell the house , the other Executor wants to Rent it.
Are there any English Law solicitors on here , please ??
A sole parent has passed away , leaving a Will with two Executors.
The funeral etc etc has all been take care of without any issues.
The house is empty and all furniture and effects have been taken care of.
One Executor wants to sell the house , the other Executor wants to Rent it.
Sam99 said:
There are three beneficiaries - two of whom are the Executors.
All three will benefit from the sale.
On the face of it, this is a spat between the beneficiaries as co-owners of a property, and not a spat between executors. All three will benefit from the sale.
The terms of the will are important and not set out. But assume for now that the deceased appoints A and B to be executors, and leaves the house to A, B and C (which is more likely than a will that directs the house be sold and the proceeds split between A, B and C, though that is possible).
The task of the executors is simply to execute the wishes of the deceased (clue’s in the name). Here, that means A and B as executors have to convey the title to the house to A, B and C as co-owners (taking the most likely content of the will).
From there the issue is simple: can one co-owner insist on a sale of another co-owner is opposed to a sale? The answer is yes, but it requires a court order. The alternative is for the co-owner who wants to rent the house out to buy out the owner(s) who want to sell.
Edited by anonymous-user on Saturday 6th August 13:59
Hello All
Thanks for all the replies.
The two Executors of the Will have done the Wills wishes.
As someone said - The clues in the title. Executed our responsibilities.
There are now three beneficiaries. We , all three , own the house.
The Will just leaves the house to us all.
I was my mothers home , now it's just an empty house.
I have never been emotionally attached to a house.
One of the beneficiaries is hugely in favour of renting the house out - this person has several houses being rented. They like the word Portfolio.
The second beneficiary I think would like what is due , but is a little afraid to say so , so as not to seem as avaricious.
Me - You will like or hate me after this but , whilst I am not in dire need of any financial help , my pensions are OK , I am no spring chicken and any monies due would make like a little more easier.
The house is worth £1000.00 per month in rent . Minus Fees and taxes , it would probably end as £750 +/- divided by 3 .
You can work that out and bluntly , I couldn't be bothered for £250.00 a month.
I am sorry If this is not coming over as it sounds in my head.
But , again , thanks for all the replies and your thoughts.
Thanks for all the replies.
The two Executors of the Will have done the Wills wishes.
As someone said - The clues in the title. Executed our responsibilities.
There are now three beneficiaries. We , all three , own the house.
The Will just leaves the house to us all.
I was my mothers home , now it's just an empty house.
I have never been emotionally attached to a house.
One of the beneficiaries is hugely in favour of renting the house out - this person has several houses being rented. They like the word Portfolio.
The second beneficiary I think would like what is due , but is a little afraid to say so , so as not to seem as avaricious.
Me - You will like or hate me after this but , whilst I am not in dire need of any financial help , my pensions are OK , I am no spring chicken and any monies due would make like a little more easier.
The house is worth £1000.00 per month in rent . Minus Fees and taxes , it would probably end as £750 +/- divided by 3 .
You can work that out and bluntly , I couldn't be bothered for £250.00 a month.
I am sorry If this is not coming over as it sounds in my head.
But , again , thanks for all the replies and your thoughts.
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