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Can I insist property is sold?

Re: Can I insist property is sold?

Postby atticus » Thu Mar 23, 2017 6:26 am

If different beneficiaries are demanding different things, they are putting the executors in a difficult position.

If the property is transferred to the beneficiaries as you describe, you may seek a court order that it be sold, under the Trusts of Land and Appointment of Trustees Act (1995? - I'm not sure of the year).
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Re: Can I insist property is sold?

Postby dls » Thu Mar 23, 2017 3:42 pm

1996

I am no sure that it applies. The executors hold it under the terms of the will. A court will simply say that the executors must execute the will and their oath. Wills can contain many additional powers for the executors.

Executors have a perfect way of leaving with a clean pair of heels. They sell the land through a proper professional auction. That leaves the beneficiaries free to bid or not as they wish, and if they think it has a certain value, they can bid for it. A beneficiary woud have a very hard time suggesting the best price reasonably obtainable was not achieved.

I cannot see really how they can impose a property on you.
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Re: Can I insist property is sold?

Postby atticus » Thu Mar 23, 2017 4:33 pm

after transfer to OP and sister, dls!
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Re: Can I insist property is sold?

Postby royw » Fri Mar 24, 2017 11:31 pm

Solicitor has finally replied and seems to have changed her mind. Now she says
" If you are unable to come to an agreement, the default position would be an outright sale of the land and property as it stands now. If the executors have to take this approach, we would be seeking advice from Counsel and/directions from the Court before proceeding. We are bound to do this to protect the executors position. Clearly this will cost money, which will have to be paid by the estate. "
Any opinion if this is a legal use of estate money?
Aged relative executor has given power of attorney to solictor so no-one to protect except themselves for which they presumably already have insurance.
Garden has an unregisterd covenant limiting it to one house (property is unregistered). Covenant is in the deeds but not on the charges register.
Paddock is outside village boundary & not in the local plan, so PP could be refused.
Personally I don't see how anyone could assume it's worth anything other than it's value as a residential property but perhaps this opinion is wrong?.
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Re: Can I insist property is sold?

Postby dls » Sat Mar 25, 2017 6:44 am

It is not the solicitors job to set a value. He is not an expeet. He takes proper advice and acts on it.
What you say does not really establish anything, but it may well be that you say this in the context of other knowledge which supports your view.

A sale at auction is the usual way forward.
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