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Land/properties: Sharing out to beneficiaries

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  • Land/properties: Sharing out to beneficiaries

    When does an Executor's duty end?

    Do Executors have a legal duty to finalise the share of land and property to each beneficiary? In other words, does the estate arrange and bear the cost for all changes, amendments to titles, even if there are properties as tenants in common with the deceased?

    Or is it enough for Executors to put each beneficiary interest on "file" via the title and let the beneficiaries sort everything else out?

    I am wondering if an Executor has to wait for beneficiaries to agree an action (e.g. sell, lease, or not)

    Tags: None

  • #2
    The most important task an executor must do is to follow the clauses in the will. This involves studying the wording closely.
    If a will states the beneficiary of a property can dispose of it if he or she so wishes, the executor should write to the beneficiary to find out what they want to do with the property. The executor should carry out the wishes of the beneficiary regarding the property
    If there is more than one beneficiary of a property and the beneficiaries are unable to agree on what happens to the property, the executor has a legal duty to act in the best interest of the beneficiaries and if in any doubt should seek legal advice from a contentious probate solicitor

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    • #3
      Thank you
      The Will gives no directions on anything other than who the Executors are and each beneficiary's percentage share of 100%

      Comment


      • #4
        The executors have to obtain probate before they can sell the properties. They should o9btain professional land and property valuations based on the date of death for IHT forms

        Comment

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