Can an executor sell the deceased’s property (house) without approval of the co-executor ?

Thegeneral

To cut a very long story short, my wife’s grandmother, whom was like her mother, recently died. She is a co-executor with her estranged mother, who only made an appearance into her grandmothers life a few years ago, after not talking to her for 25 years (she could smell the money, as her grandmother was 90). We maintained the property whilst her grandmother was alive, and continue to do so, as the property is a few doors down from us (she moved to be close to us). 

We picked an estate agent, which they refused and picked another who undervalued it (By £30K) as they want quick cash, but my wife refused as she wants to do her best by all the beneficiaries and her deceased grandmother, as she worked hard to make the property nice. She picked a different estate agent, the best in the area, with the correct valuation, which they have again refused (it helps to know her father is an abuser and has to control every situation, it’s part of the abuse my wife and her sisters continually suffered/suffer). They have now instructed a third estate agent, but my wife has said enough and drawn the line. They are saying they will instruct the agent and sell the property without her. 

Are they legally able to do so, and which laws prevent this, if any ?
They have already instructed the probate solicitor themselves, opened an account at the bank for probate (not a specific probate account) without my wife’s knowledge, and won’t share any details. They were able to do this as her mother took legal control of her grandmothers finances, even though her grandmother didn’t want her to, as she was too frightened to refuse. They really are a pair of nasty individuals, and it seems wrong they can plough on regardless of my wife’s wishes, especially as my wife and her grandmother were so close.

AskAsk

would appear not

https://www.co-oplegalservices.co.uk/media-centre/articles-jul-sep-2019/can-one-executor-act-alone-during-probate/#:~:text=If more than one Executor,then these are Joint Executors.&text=One Executor cannot take it,agreement of the other Executors.

Thegeneral

AskAsk said:

would appear not

https://www.co-oplegalservices.co.uk/media-centre/articles-jul-sep-2019/can-one-executor-act-alone-during-probate/#:~:text=If more than one Executor,then these are Joint Executors.&text=One Executor cannot take it,agreement of the other Executors.

I had read this already, as it happens, but it simply states an executor must get the agreement of other executors. What if they don’t ? What laws are applicable ? What would be the process of stopping them ?

AskAsk

Thegeneral said:

AskAsk said:

would appear not

https://www.co-oplegalservices.co.uk/media-centre/articles-jul-sep-2019/can-one-executor-act-alone-during-probate/#:~:text=If more than one Executor,then these are Joint Executors.&text=One Executor cannot take it,agreement of the other Executors.

I had read this already, as it happens, but it simply states an executor must get the agreement of other executors. What if they don’t ? What laws are applicable ? What would be the process of stopping them ?

i think the way the law works is that if someone breaks the law, they can be sued by you using the law. 
so to stop it, you would need to instruct a solicitor to fight it.

Thegeneral

AskAsk said:

Thegeneral said:

AskAsk said:

would appear not

https://www.co-oplegalservices.co.uk/media-centre/articles-jul-sep-2019/can-one-executor-act-alone-during-probate/#:~:text=If more than one Executor,then these are Joint Executors.&text=One Executor cannot take it,agreement of the other Executors.

I had read this already, as it happens, but it simply states an executor must get the agreement of other executors. What if they don’t ? What laws are applicable ? What would be the process of stopping them ?

i think the way the law works is that if someone breaks the law, they can be sued by you using the law. 
so to stop it, you would need to instruct a solicitor to fight it.

Obviously. My point was, the CoOp stating executors must be in agreement mentions nothing about law. Is it law, or is it just best practice for example ? I’m looking for something a bit more substantial than the words 'must' and 'agreement' in a CoOp write up, but thank you for your input.

AskAsk

Thegeneral said:

AskAsk said:

Thegeneral said:

AskAsk said:

would appear not

https://www.co-oplegalservices.co.uk/media-centre/articles-jul-sep-2019/can-one-executor-act-alone-during-probate/#:~:text=If more than one Executor,then these are Joint Executors.&text=One Executor cannot take it,agreement of the other Executors.

I had read this already, as it happens, but it simply states an executor must get the agreement of other executors. What if they don’t ? What laws are applicable ? What would be the process of stopping them ?

i think the way the law works is that if someone breaks the law, they can be sued by you using the law. 
so to stop it, you would need to instruct a solicitor to fight it.

Obviously. My point was, the CoOp stating executors must be in agreement mentions nothing about law. Is it law, or is it just best practice for example ? I’m looking for something a bit more substantial than the words 'must' and 'agreement' in a CoOp write up, but thank you for your input.

i would expect that to be law.  an article like that published for public use would be stating law of how a will must be executed.  if you want it stopped, you would need to instruct a solicitor to stop the process.

you could call local solicitors and ask them the general question and how much they would charge to do this for you.

if you have a legal helpline with your home insurance, you can also ask them the question for free and get legal advice.

here is the same answer from a firm of solicitors

https://ritasen.co.uk/executors-some-question-answered/#:~:text=When making a Will a,each sign any documents, etc.

Annisele

When you say your wife and her mother are both executors, I'm not clear if you mean "probate has been applied for and they're both named on the grant", or just "there's a will, we think it's valid, and it names both of them". If there's no probate yet, then nobody is selling anything yet.

Thegeneral

You can sell a property before probate is granted, just not exchange contracts. They are both named executors on the Will and probate is currently being applied for through a solicitor working on behalf of both parties. Her grandmothers solicitor, whom she'd used for years, was supposed to be applying for probate, but her parents wouldn’t use him as he had a connection to her grandmother, so they chose an alternative solicitor. My wife gave way and agreed, so as to get things moving.

Norman_Castle

Thegeneral said:

They have already instructed the probate solicitor themselves, opened an account at the bank for probate (not a specific probate account) without my wife’s knowledge, and won’t share any details.

Do you know who the probate solicitor is? Is the estate agent aware of the situation?

I'd expect they can instruct a solicitor and estate agent but the sale cannot go ahead without the co executors involvement.

Thegeneral

Norman_Castle said:

Thegeneral said:

They have already instructed the probate solicitor themselves, opened an account at the bank for probate (not a specific probate account) without my wife’s knowledge, and won’t share any details.

Do you know who the probate solicitor is? Is the estate agent aware of the situation?

I'd expect they can instruct a solicitor and estate agent but the sale cannot go ahead without the co executors involvement.

Yes, both parties are in contact with the probate solicitor, but they are employed to carry out the probate process and will not get involved in disputes. 

Can they instruct an estate agent ? That was my initial question.

sweetsand

Hi
Without looking at any legals etc on Goolge imo what is the point of a "co-executor" when they have no say so they need to joint decided unless the other is no longer avialble.
HTH