Life Interest in Property and Executor Powers

[Zuffy]

I wonder if someone could provide clarity .Husband and Wife own property as tenants in common in equal shares . Both their wills provide a life interest in the property .The husband dies first and his executor carries out probate and obtains a grant of probate.
The wife remains in the property until her death a year later. In her Will the wife appoints the solicitor who drew up both wills as her executor.

1. Would the executor for the wife’s estate act alone in sorting out the sale of the property and then the subsequent distribution of funds to both the beneficiaries of the wife and husband
or
2 Would the executor for the wife’s estate need the agreement of the executor ( the son in law) for the husband’s estate to sell the property because the property was held as tenants in common.

Effectively what would be the role of each executor following the death of the wife.

[Pezza54]

When the husband died first I assume his 50% share of the property was left to his daughter. The life interest that allowed the wife to continue to live at the property ended when she died. I assume her 50% share of the property was bequeathed to her beneficiaries (her child or children, not step daughter)
This means you now have co-owners of the property. They need to get together to discuss what to do with the property. Either sell it on the market and split the proceeds, one co-owner(s) buys the other co-owner(s) share at an agreed price, or rent the property out at share the rental income.
If the wills state the property should be sold and the owners agree to rent it a deed of variation is required.
If the owners agree that it should be sold the executor solicitor should be asked to appoint a conveyancing solicitor and estate agent.

[Zuffy]

Pezza54 thank you very much for your reply . Just to be clear in my mind .Would I be right in thinking that following the death of the wife the co-owners of the house would be her beneficiary and the beneficiary of her late husband.

If they agree to sell the house would I be right in thinking that the wife’s executor would deal with the sale and distribution of proceeds as per their respective wills ,without the involvement of the husbands executor.

[Pezza54]

It makes sense. The proceeds of the sale of the house after the deduction of conveyancing solicitor and estate agent fees are banked by the solicitor before passing onto the sellers (the beneficiaries). The wife could have survived her husband for 10, 20, or 30 years and the husband's executor may not be around any more.

[atticus]

The 2 executors would jointly sell the property, as the 2 shares have passed into the 2 estates.

[Pezza54]

If the husbands share of the property (all other possessions and money distributed as his will) was put into a will trust with life interest, can the appointed trustee or trustees act as the husband's executor if the executor is no longer around?

[atticus]

is either executor "no longer around"?

[Zuffy]

The executors representing the interests of the wife’s estate and the husband’s estate are both around .
To be clear in my mind Atticus, are you saying that the executor acting for the wife cannot deal independently with the whole estate. He has to work jointly with the executor of the husband’s estate.

[atticus]

I am.

As in their lifetimes both husband and wife would have to sign sale documents, so after they have both passed away their personal representatives both have to sign sale documents. There are two distinct estates that have an interest in the property.

[Zuffy]

Thank you very much for clarifying that point Atticus, I would also like to say a big thank you to everyone who has taking the time to contribute to this thread. The advice and information provided by everyone has been really helpful to me and I really appreciate your comments.