Help with a clause on my dads will

[whitechurch]

I was hoping that someone could explain what the following clause means in my dads will. My sister and I are trustees, executors and benefices. Both of our parents have passed away, my mum before my dad: I give all my estate and effects of whatsoever kind and wheresoever situate not hereinbefore specifically disposed of to my trustees UPON TRUST to sell call in and covert into money such parts thereof as are not money but with absolute power and discretion to postpones any sale calling in and conversion and to distribute in specie any asset of my estate without incurring liability whatever the nature of such asset.

[Pezza54]

Hi
Welcome to LB
If there is anything specifically mentioned in the will that is left to a named person or organisation, then you should ensure that person or organisation receives it.
After that it appears that you and your sister have full discretion to do what you both want to happen with the remainder of the estate.
Is there a clause in the will that states the remainder should be split 50/50 between you and your sister?

[atticus]

I give all my estate and effects of whatsoever kind and wheresoever situate not hereinbefore specifically disposed of to my trustees UPON TRUST to sell call in and covert into money such parts thereof as are not money but with absolute power and discretion to postpones any sale calling in and conversion and to distribute in specie any asset of my estate without incurring liability whatever the nature of such asset.

You and your sister are given everything in the estate as executors.

You can sell or not sell as you jointly wish. You can transfer any property or other asset to one or both of you without selling. You can choose not to sell.

[whitechurch]

Hi
Welcome to LB
If there is anything specifically mentioned in the will that is left to a named person or organisation, then you should ensure that person or organisation receives it.
After that it appears that you and your sister have full discretion to do what you both want to happen with the remainder of the estate.
Is there a clause in the will that states the remainder should be split 50/50 between you and your sister?

Yes it has to be split equally between us. I dont think my sister wants to sell the house though and I dont want to have to deal with a second home.

[whitechurch]

Yes it has to be split equally between us. I dont think my sister wants to sell the house though and I dont want to have to deal with a second home.

She cant afford to buy me out so wants me to just stay jointly owning the house which I dont want to do

[atticus]

So the question is not about the wording of the will. If need be you can bring court action seeking an order that the house be sold. This would be under the Trusts of Land and Appointment of Trustees Act 1996 (commonly referred to as TOLATA).

[whitechurch]

So the question is not about the wording of the will. If need be you can bring court action seeking an order that the house be sold. This would be under the Trusts of Land and Appointment of Trustees Act 1996 (commonly referred to as TOLATA).

Ok thank you I did think that was the case. I don't really want to have to go down that route but my sister's only other suggestion was me handing over the house to her which I again don't want to do. She is on benefits so I understand her worry but I cant agree to her suggestions.