All of the inheritors of the house will need to agree before a sale goes ahead. One of the biggest questions around inheriting property with a sibling is if a sale can be forced. The short answer is no; if more than one person has inherited shares, then any sale must have all shareholder’s consent.
What happens when joint executors disagree?
If disputes cannot be resolved at by the executors even with legal representation, it will likely cause the administration of the estate to come to a halt. In such a case the only option left is to apply to the Supreme Court for court orders and directions.
Can a beneficiary of a will sell the property?
If the beneficiaries under the will do not wish to have the property transferred into their names the executors will need to sell it. If the property is to be sold, then the Grant of Probate gives executors the authority to sell. Joint tenants own the whole of the property indivisibly. Each does not have a quantified share in the Property.
Can a beneficiary of an estate evict an executor?
Executors, or personal representatives, handle the administrative duties of the estate and stand in the place of the decedent. An executor does not necessarily have the authority to evict someone from the decedent’s property. Another critical issue is what right, if any, the beneficiary in possession of the property has to the property.
Can a beneficiary be removed from a will?
A beneficiary is someone who has an interest in the decedent’s property. Often a beneficiary is a close friend or family member who takes something from the will. While executor authority may be broad, it does not necessarily allow him to evict a beneficiary from property.
When does an executor refuse to transfer land to the beneficiaries?
From time to time an executor remains in possession of estate land, uses same and will not agree to either transfer or sell it so that distribution to the beneficiaries can occur. In these circumstances, the executor is clearly acting in breach of his obligations to call in and administer the assets for the benefit of the beneficiaries.
