House sale with probate - what if 1 executor doesn’t agree

longwalks1

Currently helping my partner sort her late mums estate, and the house has finally gone on the market.  Estate Agents are expecting a relatively quick sale due to its location and demand in the area (I know EA probably tell everyone that).  There are 3 joint executors to mums estate.

what happens if 2 of the 3 executors want to accept an offer, and the 3rd (many of you on here know we have an awkward 3rd executor) refuses to accept an offer or sign anything?

we are just forward thinking, as it’s a real possibility 

thank you all again for your help 

Hoenir

Anything changed since the last thread?  

bobster2

Probate granted - one executor delay tactics

https://forums.moneysavingexpert.com/discussion/6493636/probate-granted-one-executor-delay-tactics/

longwalks1

That thread was to do with time wasting and refusing to do anything that needed doing, such as informing banks etc.  This question was purely about accepting an offer on a property that ha 3 executors.

Marcon

https://www.thegazette.co.uk/all-notices/content/104021#:~:text=Where%20there%20are%20multiple%20executors,action%2Fdecision%20is%20still%20binding.

Mark2spark

The simple answer is that ALL executors will need to sign off the Land registry paperwork in order for the sale to complete.
If one executor refuses to sign, - no sale.
The other executors will then need to make a court application to get a ruling, the application can be for just this *Specific Issue*, or an application for the difficult executor to be removed, - probably under misconduct if they can't show a judge valid reasons for refusing the sale of the property.
All very long winded due to lack of court dates, - however a bargaining tool is to make the difficult executor VERY aware that their actions could lead to them being made to pay the court costs, - which could (seriously) rack up to £60,000 if it went all the way with appeals.
You don't need all 3 executors to agree on other matters of a will, the more mundane ones I mean. But selling land is a different matter.

longwalks1

Many thanks Marcon, and Mark2spark.

And thanks Mark2spark as that was going to be my next question, how to 'encourage' an awkward executor to give himself a wobble and stop playing up. 
Perfect answer, so thanks again.