House sale by executor

Deramore12

Hi 
Can anyone help.  
Daughter was named as executor in a will but she renounced it as she is 39 weeks pregnant. This has passed to the solicitor who gave neen named to gandke tgecwill.
 There are 4 parties to the will and a house is main part  of the estate.
We have now had a cash offer on the property with with no strings. Ideal.

My Question is.......
Does the executor make the decision as to whether accept or not OR is it passed to the named parties to discuss and either accept or turn down?

naedanger

It is ultimately the executor's decision (assuming the will does not specify anything more specific). The executor may choose to consult the beneficiaries. 

If all beneficiaries are in agreement the offer should be accepted and make this known to the executor in writing I would expect the executor to give a lot of weight to this view.

FabFifty

When you say "there are 4 parties to the will", do you mean there are 4 beneficiaries?
The Executor executes the will, but it depends on what sort of relationship you have with the solicitor. Have you basically said to them just to get on with it, or are they "user friendly"?

getmore4less

 This has passed to the solicitor who gave neen named to gandke tgecwill.

Not clear if the solicitors were named executors or not?
If they  were was it joint with Daughter or were the solicitors substitutes.

There was the option to nominate someone else to take her place to take on her role  on her behalf.

might have helped save some costs bit some solicitors are decent and the the beneficiaries do the legwork anyway.

Marcon

Deramore12 said:

Hi 
Can anyone help.  
Daughter was named as executor in a will but she renounced it as she is 39 weeks pregnant. This has passed to the solicitor who gave neen named to gandke tgecwill.
 There are 4 parties to the will and a house is main part  of the estate.
We have now had a cash offer on the property with with no strings. Ideal.

My Question is.......
Does the executor make the decision as to whether accept or not OR is it passed to the named parties to discuss and either accept or turn down?

The executor makes the ultimate decision but the named parties (I presume you mean beneficiaries?) can certainly make their views known.

Depending on where you are in terms of getting probate, you can exchange conditionally if necessary. The contract will need to include some sort of wording along the lines of 'subject to probate being granted by [date] or such later date as may be agreed by both parties, failing which ......'