Executor of will , legal or not ? ?

Question

my uncle left in his will his flat to be shared 6ways , me ,my sister and four cousins. the executor has informed us (with no solicitors involved )

that the property will not be sold as yet, due to slump in property market. that she has now rented it out . we wanted to sell , we were not informed of this prior to renting, is this legally right? please help what can we do ?

Answer 1

The executor does not have that authority. Although the executor is entitled to execute the will without a solicitor.

In this situation the 6 people involved need to write a joint letter to the executor requesting that the property be advertised for sale.

Is there more to this than you have told us?

How can the executor rent a property they do not own?

Answer 2

TOTALLY ILLEGAL

see another solicitor

Answer 3

Executor's sole job is to ensure that the property is distributed fairly and equitably in a lawful manner. It's none of the executor's business whether or not the value of the real estate in question is depressed. That is, unless all of you are under the age of majority and the executor is also acting in a trustee capacity. In that case, the executor has the added responsibility to act in your fiduciary interest. I'd definitely see a solicitor on this one.

Answer 4

Wills can be complicated things to deal with. I suspect that if all the people involved want to sell, then this must happen. Go to someone (a solicitor) who knows about wills for expert and legal advice.  

Answer 5

The executor of a will is like the trustee of a trust, they have full power of the executory of the will as set out by the person who made the will, the deceased may have expressed his wishes that the executor use their discretion in order to get the most money for the house.  

Answer 6

On the face of it, the executor is acting illegally, there are several points which need to be addressed.

Who sanctioned the money for the kitchen/decorating and was it taken from the estate.

Is the executor one of the six.

Where is the rent going ie, is it going into a separate account for the renovation, or to the executor. And where will it go once the house has been renovated?

Why has there been no solicitor involvement and have the probate office been informed, if not, why not?

This all seems highly irregular and you need the advice of a solicitor ASAP.

Answer 7

As a group, you need to contact a lawyer.

What exactly did the will say? Was the unit to be sold with the proceeds to be divided?  

Answer 8

Just because the flat was left to you does not neccessarily mean the Executrix was obliged to sell it immediately.It is possible that the Will gave her power to postpone the sale in certain circumstances.If so and as long as the delay does not cause avoidable loss to the beneficiaries she may be within her rights.You need to take the Will to a solicitor who can explain exactly where you all stand.    

Answer 9

The executor's duty is to deal with the estate as soon as reasonably practicable; she is not entitled to delay that and rent it out instead. You and the others really need legal advice, it shouldn't cost much, particularly between all of you.