Hello I am a lawyer with over15 years experience I will try to help you with this.
The short answer is that it could be both. I what way have the trustees benefited? Is it other trustees or the beneficiaries who have suffered los?
Intestacy is complex and creates a situation where there is a hierarchy of beneficiaries who benefit in different proportions according to the somewhat arcane rules. All the obvious relatives will be potential beneficiaries and will have an interest in the property and income derived from it. Has anyone applied for a grant of representation to deal with the probate issues around the estate. If not someone needs to do this. Am I right in thinking that the property is the property of your parents who have both now died. I would have thought it would be a very good idea for you and your siblings to discuss what should be done with the property and who should be dealing with it and how to account to the other beneficiaries for any profit. This needs to be done quickly or relationships within the family could soon sour. It would make a good deal of sense for you all to agree if possible to appoint a solicitor to act as a trustee and to advise on what steps to take next.