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Executor - Can They Dictate What Happens?

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starone | 18:20 Tue 13th Oct 2015 | Civil
5 Answers
If two people, or more, are left a house, can they sell the house in order to share any profit made without recourse to the executors, or can the executors say whether the house can be sold or not. Can the executors put a stop to the house sale if they want? Just wondering!
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It's the job of the executors to see that the title to the property passes to the beneficiaries. Prior to that happening, the beneficiaries won't be in a position to sell. After that happening, the executors job has ended (i.e. they cease to be executors) and they therefore no longer have any control over what happens to the estate.
19:22 Tue 13th Oct 2015
The executors have to do whatever is in the will. Beneficiaries can't just help themselves to what they are left or dispose of items because they don't own them until they are handed over by the executor. Before beneficiaries can have anything, the executor has to ensure that any tax that is due is paid, that any monies owed by the deceased are repaid and that the funeral costs are paid.
It's the job of the executors to see that the title to the property passes to the beneficiaries.

Prior to that happening, the beneficiaries won't be in a position to sell.

After that happening, the executors job has ended (i.e. they cease to be executors) and they therefore no longer have any control over what happens to the estate.
BC scores ten out of ten BUT
clearly the beneficiaries know what they want ( like the money now etc )
and the executors have to see that the tax side of things are taken care of BEFORE distribution of the assets

beneficiaries may well not see it like that or even that some other beneficiary can pay their share of the tax
Question Author
Thanks woofgang and Chris, I knew you would be able to answer. You are very knowledgeable.
Question Author
And peter, you appeared while I was writing the other answer. You have all been very helpful.

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Executor - Can They Dictate What Happens?

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