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What penalties for co-executor who doesn't want to execute property?

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  • What penalties for co-executor who doesn't want to execute property?

    I understand that as co-executor I am obliged to distribute the estate, and as co-beneficiary I'm supposed to ensure everyone (two of us in this case) gets as much as they can fairly claim for the estate. The issue is that the estate includes property, and my co-executor / beneficiary and I don't agree on the property price, they want full ownership, but are fixated on one price only for my 'share' of ownership, and we are in dispute over what to do.

    As we argue over money and getting solicitors involved... it occurs to me, why do I even have to do this? Can I just refuse to execute or sell my ownership until I get a figure in the right ballpark? I don't actually need the estate money, nice as it would be, I have a decent job already. Same for my co-executor / beneficiary. Is there danger in this? Could I be removed as executor for refusing to sell my co-ownership and so not distributing the estate?
    Tags: None

  • #2
    Has Probate been obtained, appointing you executor, or are you seeking to renounce the right to be executor before applying for Probate?

    The answer to your question why you should be executor lies in the fact that you are beneficiary, with a clear financial interest in the estate.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      We have probate, I don’t want to renounce, I don’t trust the other executor. Some estate bills have been paid by myself so I have already been involved.

      Comment


      • #4
        Please read post 3 on the thread you started on 9.4.2025

        Your sister cannot force you to sell your share of the property to her at the probate valuation

        She would need a court order to force the sale of the whole of the property at the current market value if you as joint owner refused to sell

        Comment


        • #5
          Originally posted by Pezza54 View Post
          Please read post 3 on the thread you started on 9.4.2025

          Your sister cannot force you to sell your share of the property to her at the probate valuation

          She would need a court order to force the sale of the whole of the property at the current market value if you as joint owner refused to sell
          Thank you. I just want to make really, really sure that my refusing to sell or engage will not provide ammunition for my being removed as executor. I know I cannot be removed as beneficiary, however it seems being executor also is very helpful.

          Comment


          • #6
            Weren't you taking professional advice?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment


            • #7
              Yes, and it’s extremely expensive, and my solicitor has a vested interest in keeping us arguing.

              Comment


              • #8
                What is this alleged vested interest?
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Guides and handbooks for Litigants in Person - :

                https://legalbeagles.info/forums/for...60#post1701560

                Comment


                • #9
                  Originally posted by atticus View Post
                  What is this alleged vested interest?
                  Aye, you could be right. It's been 2 months since I handed over payment and documents and they've yet to get started on my case.

                  I post here because it's much quicker to get an answer to my questions.

                  Comment


                  • #10
                    All law firms have a complaints procedure. Use it.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Guides and handbooks for Litigants in Person - :

                    https://legalbeagles.info/forums/for...60#post1701560

                    Comment

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