Can an Executor of a Will sell the property

[ImJustMe65]

Hi, my daughter was made executor of my brother and I's late fathers home as we were not in a fit state to handle matters at the time due to losing our dad back in 2012. We have since moved to where we are now, but my daughter is trying to sell it, as she currently has the house deeds, I am adopted but my brother is his real living son by blood if that makes sense. Can my daughter legally sell this house? My brother wants the deeds returned to him but we both know she will not give them up willingly without going to court.
Any advice much appreciated, thanks

[des8]

So what does the will state?

[atticus]

An executor has the power to sell property of the deceased. In obtaining Probate, the executor will have sworn an oath to deal with the estate in accordance with law and the deceased's Will.

[ImJustMe65]

Thankyou for the replies so far, there was no will. My daughter offered to look after the deeds of the house on my brothers behalf . The house she is trying to sell now is not the one from our late father

[atticus]

Well that certainly makes things less clear.

What exactly do you mean when you talk about holding the house deeds?

Title to most houses is registered at the Land Registry. Is this a registered property? It is not hard to check on line and to see who is registered as proprietor.

[ImJustMe65]

Thankyou for the replies so far, there was no will. My daughter offered to look after the deeds of the house on my brothers behalf . The house she is trying to sell now is not the one from our late father

Hi, When our father died back in 2012 after much searching we couldn't find a will although a couple of family members are pretty damn sure he did have one but we cannot find it anywhere. With that said my daughter offered to take care of matters on mostly my brothers behalf as he is his son by blood. Now my brothers wants to get the deeds back as he now feels he is able after all this time grieving for his father to take care of matters but my daughter as she holds the deeds of the house we are currently in which she purchased from funds of our late fathers property. Just to add my daughter and my brother and I we do not speak and haven't done for sometime now. I am sorry this is all so confusing.

[atticus]

Title to most houses is registered at the Land Registry. Is this a registered property? It is not hard to check on line and to see who is registered as proprietor.

See above.

[Shelley1960]

As i understand it Once probate has been issued it takes a court case to remove the administrator, I assume from what you said your daughter applied for letters of Adminstration & dealt with IHT forms etc in 2012 at time of death. No will you die intestste so the estate should be split between all siblings including those that have been adopted into the family. As asministrator she can sell the house, however as others have posted your can for a small fee find out the owners of the property on the land registry site if there are other owners then yes she will need their permission to sell

[ImJustMe65]

As i understand it Once probate has been issued it takes a court case to remove the administrator, I assume from what you said your daughter applied for letters of Adminstration & dealt with IHT forms etc in 2012 at time of death. No will you die intestste so the estate should be split between all siblings including those that have been adopted into the family. As asministrator she can sell the house, however as others have posted your can for a small fee find out the owners of the property on the land registry site if there are other owners then yes she will need their permission to sell

Hi I am not totally sure if she applied for letters of administration or not, I was busy dealing with the death of my father same as my brother that's how she got the house deeds to begin with she offered we all agreed at the time as we just feel up with to dealing with it, but since then my brother and I are not on speaking terms with my daughter due to a family break up. My brother has since spoken to a solicitor and he has explained what is going on and that he wants the deeds returned to him the solicitor has explained what my daughter is doing or trying to do is illegal unless she has lied her way to do it, not sure what was or wasn't said as its still all ongoing. Its a bit of mess to be honest all my brother wants is the house deeds returned to him so he can make decisions for himself and decide if and when he wants to sell the house he is currently living in

[ImJustMe65]

So what does the will state?

Hi, Sorry for late reply, that's the problem we cannot find a will, although its been said they are pretty sure he made one, but we have called/looked/contacted everyone we can think of and there is no will to be found.

[des8]

Suggest you start by finding out if she has obtained a grant of letters of administration: (https://www.gov.uk/search-will-probate)

[ImJustMe65]

Suggest you start by finding out if she has obtained a grant of letters of administration: (https://www.gov.uk/search-will-probate)

Thankyou, we will do that