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Can I insist property is sold?

Can I insist property is sold?

Postby royw » Sat Mar 18, 2017 9:41 am

Myself and sibling are beneficieries to an estate that includes a property on a large plot. We are not executors. I want to sell it, she wants to demolish it & apply for PP for several houses. I think I have the right to insist on a sale, but can anyone point me to the law that states this (I need a .gov website)? Am I also correct to believe I can't impose conditions such as a clawback?
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Re: Can I insist property is sold?

Postby atticus » Sat Mar 18, 2017 9:56 am

The executors are in charge. They take the decisions.
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Re: Can I insist property is sold?

Postby royw » Sat Mar 18, 2017 11:53 am

Thank you for your quick reply atticus. I know the executors are in charge, what I'm looking for is something that governs what the executors must do in this situation.
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Re: Can I insist property is sold?

Postby atticus » Sat Mar 18, 2017 12:14 pm

You give the impression that this is a situation where getting the best return may take time and some work. A development site with planning permission for a number of houses may have greater value than the present land without such permission.

An application to the court under TOLATA may do something if there is a pressing need for cash.
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Re: Can I insist property is sold?

Postby royw » Sat Mar 18, 2017 1:17 pm

No pressing need for cash but probate was granted a year ago and it's time the situation was resolved. I am not at convinced a devlopment site is worth more than the existing home, especially taking into account the cost of PP and demolishing the house. PP may not be given. Are the executors really at liberty to spend estate assets applying for PP that may not be granted??
Do you know where I find the law that deals with what the executors can and can't do?
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Re: Can I insist property is sold?

Postby dls » Sat Mar 18, 2017 3:07 pm

Look at the terms of the will.
Typically the wil requires all property to be sold.
If ter eis a specific bequest - "I leave my house at no 10 to Fred and Mabel", than the executors have a duty to transfer it to the beneficiaries, F&M (assuming they are of age and with capacity). F&M then decide what it is they want to do.

Well advised executors should run many a mile before involving themselves in nything more complicated than siply divesting themselves of the property.
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Re: Can I insist property is sold?

Postby atticus » Sat Mar 18, 2017 4:23 pm

Are the executors also beneficiaries?
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Re: Can I insist property is sold?

Postby dls » Sat Mar 18, 2017 5:35 pm

The executors promise to execute the will.

That oath is to 'collect get in and administer according to law the real and personal estate of the deceased'. Unless the will makes a specific devise of the property that mean it must be sold. They have a very limited discretion as to timing - 'the executors year', but their job is not to invest and maximise the estate but to liquidate and distribute it.
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Re: Can I insist property is sold?

Postby royw » Sat Mar 18, 2017 6:56 pm

The executors are not beneficies.
The will doesn't mention the house specifically. It would have been easier if it did as he not want it to be sold for building.
dls - your comment " Unless the will makes a specific devise of the property that mean it must be sold." is very helpful. What I need is where this is stated in law from a source that can't be disputed, such as a .gov website.
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Re: Can I insist property is sold?

Postby dls » Sat Mar 18, 2017 8:49 pm

Look to their promise.

They made a promise to the court. The words are standard and well understood.
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