3 executors - does majority rule?

flossy_splodge

There are three siblings all executors and joint and equal beneficiaries.
Can any two out of the three go ahead and eg sell the house if the third won't agree price and if not what happens about a stalemate?
Thanks:o

getmore4less

I suspect it depends

what does it say in the will.

default

I think in England and wales needs agreement of all
I think in Scotland needs majority
No idea for Northern Ireland.

One approach if they want more it tell them if they think it is worth more buy it and sell it themselves.

If just disagreeing about an asking price point out until they have offers on the table you are all guessing.

Crabapple

Since all three of them would need to sign the contract to sell and the Land Registry paperwork they really need to agree.

If things become impossible due to lack of agreement then the two would have to apply to get the other removed as Executor, which would be longwinded and costly.

They need to talk things over and as getmore said, if it's just disagreeing without firm figures then look to sort that out first. Getting more than one appraisal is helpful, particularly if the one executor organises one so they can get the information straight from the estate agent/valuer.

madbadrob

Actually its the same in England and Wales as Scotland. It depends on the will. If the will states they cant act separately and severally then it only needs one to make the decision however if the will maker says all must agree then that is the case. It is however always better to have all three agree

Rob

getmore4less

madbadrob wrote: »

Actually its the same in England and Wales as Scotland. It depends on the will. If the will states they cant act separately and severally then it only needs one to make the decision however if the will maker says all must agree then that is the case. It is however always better to have all three agree

Rob

What's the default if the will does not say either way?

madbadrob

AIUI the default is all must agree

Rob

getmore4less

Numerous links say that for confirmation in Scotland majority is the default.

The only reference I found for E&W was the estates act that seems to require agreement by all.

madbadrob

getmore4less wrote: »

Numerous links say that for confirmation in Scotland majority is the default.

The only reference I found for E&W was the estates act that seems to require agreement by all.

You may indeed be right and I will try and get a definitive answer over this after the bank holiday. A number of sites online would suggest in Scotland that the will needs to specify that they want the executors to work as one. On the point that in England and Wales the opposite takes effect this is of course only so if all executors are taking an active role in the affairs. Where power reserved as been granted this of course would not occur unless they chose to step in.

On another note and separate from the OP whilst doing some digging I have noted that advice being given by some about who owns what after a death with will is wrong. We have been saying that the beneficiaries own the items immediately. I have just found a legal page which actually states what I have said on numerous occasions that the property only becomes theirs when the executors pass it to them

http://www.willans.co.uk/files/uploads/download/Willans_guidelines_for_executors.pdf

Rob

getmore4less

madbadrob wrote: »

On another note and separate from the OP whilst doing some digging I have noted that advice being given by some about who owns what after a death with will is wrong. We have been saying that the beneficiaries own the items immediately. I have just found a legal page which actually states what I have said on numerous occasions that the property only becomes theirs when the executors pass it to them

http://www.willans.co.uk/files/uploads/download/Willans_guidelines_for_executors.pdf

Rob

I think you are still confusing legal owner from beneficial owner.

Has anyone has suggested the legal owners are any other than the trustees of the estate?

madbadrob

Not confusing anything Getmore. The fact is beneficial owner doesnt give them the right to do anything with it until the executors assign that benefit/gift to them.

No I cant remember anyone suggesting that but I have seen enough comments stating yes you can sell this and that as you are the beneficial owner. The fact is beneficial owner gives the legatee no rights to do anything with the gift until the executor/trustees have passed it to them.

Rob