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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34107
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How can the other beneficeries of a valid will which

Resolved Question:

how can the other beneficeries of a valid will which requires that the property be sold and the funds divided equally amongst all four of the beneficeries stop one of their number setting up a trust without their agreement
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Could you explain exactly what it is that you are worried about please

Customer: replied 1 year ago.
there are four brothers who are benaficeries to our mothers will which in itself is very straight forward as executors we are to sell anything of value plus the bungalow and divide the proceeds equally amongst the four brothers there is no other instruction from our mother at all my eldest brother is in contravention to the will and without seeking our permission or any consultation
with the other three brothers has decided that he wants to put the bungalow in trust and rent it out which none of the others want the property is in need of some repair and fully updating which we do not feel is viable we would rather draw a line under this and put the sadness behind us. can he do this without our agreement and what are the alternatives
Expert:  Clare replied 1 year ago.

Are you all also the Executors of the Will?

Customer: replied 1 year ago.
sorry about that new to all this should have thought about that no only myself and my younger brother are executors the other two are beneficeries my mother did not want my two older brothers to do it she made that very plain to us both
Customer: replied 1 year ago.
hope this is of some help you certainly work late
Expert:  Clare replied 1 year ago.

In that case it does not matter what your brother wishes to do - he cannot do anything as he is not an Executor.

You simply smile and say that if he wishes he can purchase the property from the estate - but that otherwise it will be sold on

the open market

I hope that this is of assistance - please ask if you need further details

Clare and 2 other Law Specialists are ready to help you