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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am one of 3 executors in my late mother's will. My elder

Resolved Question:

I am one of 3 executors in my late mother's will. My elder brother is acting as sole executor with myself and my younger brother reserving our rights to act. The will is simple splitting the assets equally 3 ways. One of the assets in her house. My elder brother wants to live in the house for 2 years paying a rent and then sell the house. My younger brother and me want the house sold as soon as Probate is issued. My question is can my elder brother stop the sale in this manner?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you Your brother has no right to rent rather then sell the house.As Executor he has a personal liability to you and your other brother to distribute the assets in accordance with the terms of the Will without unnecessary delay, although in general terms he does have a year after the death to deal with the estate before interest is payable.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Hi Clare,Does a verbal agreement between the 3 of us have any legality? We agreed in February that the house would be sold and also that in appointing my elder brother as sole executor acting for us that any disagreements would be settled by a majority vote? Also we agreed that any costs from the estate not directly related to the legal process would also only be made if at least 2 of us agreed?
Expert:  Clare replied 1 year ago.
You do not need the agreement - although if need be you can exercise your right to apply for Probate in any event
Customer: replied 1 year ago.
Thank you Clare. Just one more question.Once Probate is issued can my younger brother and me insist that the house is put on the market without delay? Does my elder brother have to comply and then vacate the house?
Expert:  Clare replied 1 year ago.
He is the Executor and has control over the timetable - but you can point out that you and your brother can force the issue if need be and the court costs would diminish the estate
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Clare, thank you for your help today. I feel better prepared now to discuss the issue to attempt to get a fair and reasonable solution.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well