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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9338
Experience:  I have been practising for 30 years.
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My mother in laws will names all four of her children as

Resolved Question:

My mother in laws will names all four of her children as executors. Currently there is a dispute over the asking price to set for her house sale. If there of the four agree can they act as a majority? There is no trust.
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Currently three of the four executors are happy to accept the estate agents recommended asking price, the fourth is insisting on a much higher price which the others feel is unrealistic. Despite making some compromise move in her direction she is still holding out and therefore the house cannot be marketed
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

For the reason you asked the question and the answer, it is never a good idea to appoint so many executors because the more executors there are, the more chance there is a disagreement.

There is a trust which is created by the will automatically and is the trust of all the assets held by the executor trustees under the terms of the will. The trust is created automatically.

All the executors must agree on a course of action.

Here is a second opinion for you which you will read under the paragraph entitled How many Executors can there be?

http://www.ritasen.co.uk/executors-some-question-answered/

if the reluctant executor will not start to be reasonable then the only alternative is to make an application to court to have them removed and to court toward the costs of the application against them. It’s not a job to be underta***** *****ghtly. Hopefully, the threat of court proceedings to remove them and for the substantial legal costs (could easily be tens of thousands of pounds) to be awarded against them for simply failing to act in the best interest of the beneficiaries, might focus their mind that they don’t want to hold out for the last few pounds on the sale of the property.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

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