Can my aunt sell my nannas house without asking my mum

bjwilce

My mum and aunt are both executors of  my late grandma's will.  My aunt applied for probate without my mum named on the probate. My grandma house was valued at around £110k but a builder bid £95k which my mum rejected but my aunt accepted the bid without my mum's agreement. My aunt says she can sell the house without agreement because she is the only name on the probate.
How can that be right if both are executors of the will

Thank you

GDB2222

How much in legal fees does your mum want to spend to fight this?  

Browntoa

Depends on the wording of the will , if not mentions "joint executor" then either can do probate . Probate office agree obviously if they granted it to your aunt

Comms69

Should be carful though, executors can be taken to court over this kind of thing - undervaluing and disposing of assets. 

Granted 110-95 is unlikely to raise too many eyebrows. 

bouicca21

Valued by whom?  An estate agent chasing business or a surveyor? 15k (of which your mum would presumably only get half) is not worth fighting over.  And in any case given the current uncertainty about the housing market, 95k might be a good offer.

bjwilce

Three estate agents had valued the house at offers over 110k. The house was only on the market for less than a week. 

princeofpounds

So the value of the house was probably something like 100-110k in normal times (EAs tend to overvalue slightly, as a crude presumption). With the virus, achieving a sale (assuming it goes through) for 95k isn't utterly terrible and probably could be defended in court. Given the small amount of money involved, I'm not sure that this is worth contesting too strongly in practical terms, even if the way it has been done was dubious.

Is there more to this dispute, or is this really the only issue?

bjwilce

The offer was before the virus hit. But we was told the sale was paused about 6 weeks ago but been told they is a surveyor going around next week. It's more of dispute with the way she has gone about it. 

xylophone

My mum and aunt are both executors of  my late grandma's will.  My aunt applied for probate without my mum named on the probate. 

Your mother renounced?

https://www.finalduties.co.uk/renounce-or-reserve/

bjwilce

No my mother isn't renounced. But my auntie applied for probate on her own. But is saying she can sell the house without my mum's agreement or signing anything. 

bjwilce

The probate names my aunt and under that says power of reserved to another executor. That is my mother.