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

YoungBlueEyes

When sis and I were selling the family home (Father died, we were both executors), literally nothing happened without the agreement of the other. 

One example I remember clearly because I thought it a little OTT - estate agent rang me when they received an offer, I offered to put them on speakerphone so sis could hear. They declined, and sis got her own phone call after mine. 

But whether that was law or best practice I couldn’t say. 

Thegeneral

YoungBlueEyes said:

When sis and I were selling the family home (Father died, we were both executors), literally nothing happened without the agreement of the other. 

One example I remember clearly because I thought it a little OTT - estate agent rang me when they received an offer, I offered to put them on speakerphone so sis could hear. They declined, and sis got her own phone call after mine. 

But whether that was law or best practice I couldn’t say. 

That’s my point, everyone seems to act in such a manner, but I’m interested in the specifics of the law. The law regarding executors and beneficiaries is much talked about, but I’m having real difficulties finding much information around the law and co-executors.
Thanks for the response.

tooldle

I sold my parents house, as the executor of my fathers will. After probate, as i was not the legal owner of the house, i had to provide the solicitor with the grant of probate, a copy of the will to demonstrate why i was involved, and a copy of the LPA that allowed me to act in my mothers interest. I also had to provide documents to evidence my own identity. In your case the will appoints two executors. The solicitor cannot proceed with out signatures from both unless one of the executors legally opts to renounce.

Norman_Castle

Thegeneral said:

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.

The probate solicitor should be able to advise what agreement is needed from the executors to proceed with the house sale. Stating legal requirements is not taking part in a dispute.

I'd expect anyone can instruct an estate agent to offer a property for sale but the sale cannot proceed without agreement from the owners or in this case both co executors hence the question, is the agent aware of the situation?

Thegeneral

Norman_Castle said:

Thegeneral said:

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.

The probate solicitor should be able to advise what agreement is needed from the executors to proceed with the house sale. Stating legal requirements is not taking part in a dispute.

I'd expect anyone can instruct an estate agent to offer a property for sale but the sale cannot proceed without agreement from the owners or in this case both co executors hence the question, is the agent aware of the situation?

Yes, the last agent we spoke to was aware of the situation, but we don’t know who they will approach next. They have now contacted four different agents and attempted to proceed. This is in addition to the three agents we had value the property initially. 

Norman_Castle

Thegeneral said:

Norman_Castle said:

Thegeneral said:

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.

The probate solicitor should be able to advise what agreement is needed from the executors to proceed with the house sale. Stating legal requirements is not taking part in a dispute.

I'd expect anyone can instruct an estate agent to offer a property for sale but the sale cannot proceed without agreement from the owners or in this case both co executors hence the question, is the agent aware of the situation?

Yes, the last agent we spoke to was aware of the situation, but we don’t know who they will approach next. They have now contacted four different agents and attempted to proceed. This is in addition to the three agents we had value the property initially. 

What stopped these attempts and how does the co executor know about them? "The agent you spoke to" who presumably is not now handling the sale, why not?

What has the probate solicitor said about the legal requirements of co executors and the house sale?

Thegeneral

Norman_Castle said:

Thegeneral said:

Norman_Castle said:

Thegeneral said:

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.

The probate solicitor should be able to advise what agreement is needed from the executors to proceed with the house sale. Stating legal requirements is not taking part in a dispute.

I'd expect anyone can instruct an estate agent to offer a property for sale but the sale cannot proceed without agreement from the owners or in this case both co executors hence the question, is the agent aware of the situation?

Yes, the last agent we spoke to was aware of the situation, but we don’t know who they will approach next. They have now contacted four different agents and attempted to proceed. This is in addition to the three agents we had value the property initially. 

What stopped these attempts and how does the co executor know about them? "The agent you spoke to" who presumably is not now handling the sale, why not?

What has the probate solicitor said about the legal requirements of co executors and the house sale?

We're digressing Norman. What I’m looking for is direct evidence of the law concerning co-executors.

Norman_Castle

Thegeneral said:

Norman_Castle said:

Thegeneral said:

Norman_Castle said:

Thegeneral said:

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.

The probate solicitor should be able to advise what agreement is needed from the executors to proceed with the house sale. Stating legal requirements is not taking part in a dispute.

I'd expect anyone can instruct an estate agent to offer a property for sale but the sale cannot proceed without agreement from the owners or in this case both co executors hence the question, is the agent aware of the situation?

Yes, the last agent we spoke to was aware of the situation, but we don’t know who they will approach next. They have now contacted four different agents and attempted to proceed. This is in addition to the three agents we had value the property initially. 

What stopped these attempts and how does the co executor know about them? "The agent you spoke to" who presumably is not now handling the sale, why not?

What has the probate solicitor said about the legal requirements of co executors and the house sale?

We're digressing Norman. What I’m looking for is direct evidence of the law concerning co-executors.

I'm not digressing. Is the reason for different agents because they cannot proceed without the co operation of both executors? What has the probate solicitor said about the legal requirements of co executors and the house sale? Have you asked them?

Thegeneral

Norman_Castle said:

Thegeneral said:

Norman_Castle said:

Thegeneral said:

Norman_Castle said:

Thegeneral said:

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.

The probate solicitor should be able to advise what agreement is needed from the executors to proceed with the house sale. Stating legal requirements is not taking part in a dispute.

I'd expect anyone can instruct an estate agent to offer a property for sale but the sale cannot proceed without agreement from the owners or in this case both co executors hence the question, is the agent aware of the situation?

Yes, the last agent we spoke to was aware of the situation, but we don’t know who they will approach next. They have now contacted four different agents and attempted to proceed. This is in addition to the three agents we had value the property initially. 

What stopped these attempts and how does the co executor know about them? "The agent you spoke to" who presumably is not now handling the sale, why not?

What has the probate solicitor said about the legal requirements of co executors and the house sale?

We're digressing Norman. What I’m looking for is direct evidence of the law concerning co-executors.

I'm not digressing. Is the reason for different agents because they cannot proceed without the co operation of both executors? What has the probate solicitor said about the legal requirements of co executors and the house sale? Have you asked them?

Answering your questions will not help me. You either have evidence of the law concerning my initial question or you don’t. 

kangoora

Go and talk to a solicitor, pay for their advice and react accordingly. When asking for free advice it's worth what you paid for it.

Even if you get the 'correct advice' on here how will you be sure if it is correct? Also, if you act on any advice received on an internet forum and it happens to be wrong then good luck if someone challenges it through the courts. "This poster on MSE said it was OK, judge" isn't going to get you very far.