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Category: Law
Satisfied Customers: 33538
Experience:  Barrister at Self Employed Barrister
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I am a joint executor of a will.

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Hi, I am a joint executor and beneficary of a will. There is a property that will be split 50/50 between us two. If one wants to rent this property and the other sell what are the options please?

Can one executor unilaterally rent despite the other's views? This is in England by the way. I would prefer the sell option as renting opens the possibility of the other executor residing in the property albeit paying all the rent to me but I would be out of pocket in that the 100k approx is not mine.


what would be the purpose of renting the property - is this allowed for within the will?
Customer: replied 2 years ago.

Thanks, ***** ***** not seen the will itself as yet unfortunately, but not as far as I know is renting mentioned. So you are saying that if renting is not explicitly mentioned then selling is the only course to take? Just a bit of background: the co-executor would like the option of being the tenant in the future and pay all the rent to me as she is not in a secure situation. However, as I am 63 I do not see this as a long term plan! The property is valued at around 200k. Many thanks.

Some times rental would be considered an appropriate outcome if you were seeking to raise income from the estate for a beneficiary (a child perhaps) but under normal circumstances (these) you would expect the property to be sold rather than rented. The court would support the sale of the property rather than the rental. Happy to discuss. Please rate positive.
Customer: replied 2 years ago.

Much appreciated. Just to close is there anything I should prepare for or look for in the will which I am seeing next week at the probate meeting with the co-executor and solicitor please? In other words is there any way the other executor can override my wishes?


No the very purpose of having two is to ensure that these matters are dealt with as per the wish of the deceased. I hope that this helps. Please rate positive.
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