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Executor blocking sale of property to highest bidder

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  • Executor blocking sale of property to highest bidder

    Hello I'm one of two executors to a will. All the people I will refer to are related. Myself and the second executor are the only beneficiaries to the estate.

    I applied for probate while the second executor deferred their right. I've sorted various assets without any issues or disputes, however there's an issue with the sale of a house. The second executor initially suggested there was 'hidden planning value' within the property that could ultimately benefit myself and/or others and a possible conflict of interest.

    A solicitor said this matter should be investigated by a surveyor.

    I instructed a surveyor to do a report. He could see no hidden/planning value or conflict of interest, however advised instructing a planning consultant. This was done and again his reportsaw no potential hidden value.

    Now the second executor (who I emphasis doesn't have probate) is still saying they will block the transaction even though the other family member is willing to pay over market valuation for the house.

    I believe as the sole administering executor it's my responsibility to take the best offer on the property?

    Bearing in mind the second executor does not have probate can they block the sale? Are they not also obliged to accept the best offer?

    Negotiation appears to be off the table so please don't suggest that.

    Thank you.
















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  • #2
    As the executor holding the grant of Probate you have the right and title to sell. You will of course be accountable to the beneficiaries.

    The other person named in the will as executor may have the right to apply to be added to the the grant of Probate.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by April27 View Post
      Hello I'm one of two executors to a will. All the people I will refer to are related. Myself and the second executor are the only beneficiaries to the estate.

      I applied for probate while the second executor deferred their right. I've sorted various assets without any issues or disputes, however there's an issue with the sale of a house. The second executor initially suggested there was 'hidden planning value' within the property that could ultimately benefit myself and/or others and a possible conflict of interest.

      A solicitor said this matter should be investigated by a surveyor.

      I instructed a surveyor to do a report. He could see no hidden/planning value or conflict of interest, however advised instructing a planning consultant. This was done and again his reportsaw no potential hidden value.

      Now the second executor (who I emphasis doesn't have probate) is still saying they will block the transaction even though the other family member is willing to pay over market valuation for the house.

      I believe as the sole administering executor it's my responsibility to take the best offer on the property?

      Bearing in mind the second executor does not have probate can they block the sale? Are they not also obliged to accept the best offer?

      Negotiation appears to be off the table so please don't suggest that.

      Thank you.















      Thank you for your helpful response

      Comment


      • #4
        Originally posted by atticus View Post
        As the executor holding the grant of Probate you have the right and title to sell. You will of course be accountable to the beneficiaries.

        The other person named in the will as executor may have the right to apply to be added to the the grant of Probate.
        Thank you for your helpful response

        Comment

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