ADVICE PLEASE

ciaeim

if a person dies and wills their house to five of their children can that property be sold if one of them says that they do not want to sell it ? any help greatly appreciated..

Mouldy Mary

ciaeim wrote: »

if a person dies and wills their house to five of their children can that property be sold if one of them says that they do not want to sell it ? any help greatly appreciated..

Yes. The decision to sell is a matter for the executor. The beneficiary who doesn't want to sell can buy out the others and keep the property for themselves.

Milk & Honey

I am constantly amazed at people thinking they can mess their relations around.

ciaeim

Mouldy Mary wrote: »

Yes. The decision to sell is a matter for the executor. The beneficiary who doesn't want to sell can buy out the others and keep the property for themselves.

how come it is a matter for the executor ? i thought when the will is read then the executor has no more to do with the matter unless they were one of the benificeries ?

ciaeim

Milk & Honey wrote: »

I am constantly amazed at people thinking they can mess their relations around.

Would you mind explaining what you mean by that statement.

Milk & Honey

ciaeim wrote: »

i thought when the will is read then the executor has no more to do with the matter unless they were one of the benificeries ?

That is nonsense.
The property devolves to the executor on death and the executor becomes the legal owner. The executor has the legal duty of winding up the estate, paying the debts and realising the assets. The beneficiaries have nothing to do with it. The executor can take the wishes of the beneficiaries into account but is not obliged to.
I am constantly amazed by beneficiaries thinking they can decide what is to be done with assets regardless of the other beneficiaries.

ciaeim

Milk & Honey wrote: »

That is nonsense.
The property devolves to the executor on death and the executor becomes the legal owner. The executor has the legal duty of winding up the estate, paying the debts and realising the assets. The beneficiaries have nothing to do with it. The executor can take the wishes of the beneficiaries into account but is not obliged to.
I am constantly amazed by beneficiaries thinking they can decide what is to be done with assets regardless of the other beneficiaries.

ok thank you. the debts etc have been paid, the will has been read, 5 of my brothers/sisters have been left the house, 4 want to sell it and one does not, this is causing a lot of arguments etc which i want to stay out of but what i am curious of is can it be sold if one does not want it to be. thank you for your replies thus far and sorry if my questions seem foolish to you.

tricky D

ciaeim wrote: »

Would you mind explaining what you mean by that statement.

Sometimes and unfortunately not rarely, some parties to an Estate think they are more entitled to a greater portion or their opinion is more important than what is in a Will or how an Executor carries out their duties regarding the Will. Even before death, some try what's called Undue Influence ie. persuading the person to change their Will for their benefit. Relations getting so selfish and greedy under these circumstances can make the situation get very ugly indeed.

ciaeim

tricky D wrote: »

Sometimes and unfortunately not rarely, some parties to an Estate think they are more entitled to a greater portion or their opinion is more important than what is in a Will or how an Executor carries out their duties regarding the Will. Even before death, some try what's called Undue Influence ie. persuading the person to change their Will for their benefit. Relations getting so selfish and greedy under these circumstances can make the situation get very ugly indeed.

thankfully none of the above has happened, but what has become an issue is what to do with the property, 3 or 4 want to sell it for extra finance, 1 maybe 2 want to keep it in the family as it was the family home lots of memories etc. what i am trying to find out is can it be sold if all parties dont want it to be sold..thanks for replying.

Procrastastudy

ciaeim wrote: »

what i am trying to find out is can it be sold if all parties dont want it to be sold..thanks for replying.

In a word; yes.