Are beneficiaries allowed to improve a property withouth the permission of the executors?

[billscouser]

My mother's estate, including a flat has been bequeathed to her four children, two of whom have been named as executors. It is the opinion of the two non-executor beneficiaries that in the current market the property will only sell if it is refurbished. They are prepared to pay for the refurbishment out of their own funds, not from the estate, and do not expect repayment from the proceeds of sale. The two executors do not wish to improve the property and wish to forbid the other two from doing so. Do the executors have the power to stop the refurbishment?

[Richard1966]

Its an interesting question and i suspect it will depend on what stage the property transfer has reached. The executors role is to follow and execute the wishes of the deceased and after paying debts to the estate ensure that the remained is distributed according to the will. They will have to apply for probate and then use a solicitor to transfer the legal title of the property. Only once the title has transferred will anyone have any right to make changes as until the transfer happens they do not have any ownership. Of course once ownership has transferred it will depend on if its owned as joint tenants or tenants in common. At which point it could get even more complicated. Get some proper legal advice from the solicitor dealing with the transfer.

[billscouser]

There isn't a solicitor dealing with the transfer it is just the executors. Interestingly the other two beneficiaries would prefer that a solicitor was used.

[billscouser]

The executors say that they are the only ones who have a say and that theirs are the only signatures required to sell the property. Presumably this is right if they do no transfer the ownership of the property.

[poodicat]

I am executor of my mothers estate,how do you become a executor without involving a solictor?

[woofgang]

how is the house left? just left to the children or "to be sold and the money divided" IMHO you need proper legal advice.

[woofgang]

You just do it, you can apply for probate and do everything yourself. My sis did for our mother.

[poodicat]

Which i dont that woof,going to cost me loads in fees

[Dris]

Executors are only designated to carry out the deceaseds wishes.Therefore you are gonna have to sort it out between you-its nothing to do with the will.

[tamborine]

Any property cant be distributed by anyone until after probate; when shares are as willed.

[Dris]

Scottish Law is totally different poodi.
I too have a solicitor and he is one of my executors.
You can have a DIY but its not to be recommended when theres a fair bit in the estate.

[saxy_jag]

It's the executors' job to execute the will which, in this case, is to ensure that all the beneficiaries get an equal share of the proceeds from the property. That seems to be what they are doing in this case and therefore they are quite within their rights to sell the property 'as is'. I could be wrong, but that's how I'd interpret it.

Just try to let the executors get on with it and don't be the one to get into petty squabbles with your siblings. It's probably not what your mother would have wanted.

Poodicat, anyone who writes a will has to appoint at least one executor, who may be a beneficiary or a third party, not necessarily a solicitor.

[poodicat]

Thanks Dris for that information,saxy jag my mum didnt leave a will,we had to apply for a bond of caution from the sherriffs court

[tamborine]

I imagine that's in case a Will turns up, poodi

[woofgang]

sorry poodi didn't realise you lived in Scotland.
The English info is here
http://www.hmcourts-s...bate/applications.htm

[billscouser]

It is definitely not what my mother would have wanted. My mother was a traditional lady so appointed her only son as executor. When my sister's husband and my father died my brother did not carry out his tasks efficiently so in addition my mother appointed her second eledest daughter. I well remember the discussions and she would have appointed her eldest daughter but for the fact she lived away. My mother disliked religion and the church but it so happens that her two executors found God. My brother believes my mother is rotting in hell and almost everyone apart from him will burn in hell. He hates jews, hindus, muslims and homosexuals. My sister is a more convential C of E. My mother expected my sister to represent the rest of us but because of her religious views she feels duty bound to protect my brother. It is all very complicated.

[Dris]

Its not if she had a will.Family politics dont come into the equation trust me I know to my childrens detriment..
You are entitled to half an hour Legal Advice free-its available for everyone -seek it.I dont think this will be so difficult to sew up.
Split it 4 ways as was her wish and wave bye to the ones you dont get on with.
Dont be browbeaten even if you were one of the ones who was prepared to renovate it -just get rid -lifes way too short for silly squables -can guarantee it.

[Barmaid]

Right I assume bill your mother died domiciled in england and wales? If so, this is what should happen.

The executors are tasked with carrying out the terms of the will, which I assume to be the fact that your mother left the residue to the 4 of you (and the residue includes the property - please correct me if I am wrong). The executors are tasked with carrying out the terms of the will and nothing more. Given that you are split 50/50 between the executors and the beneficiaries I would suggest that the executors seek the directions of the Court under part 64 CPR and seek an order for sale. At that point, there is nothing to stop the two who want to refurbish buying out the interest of the other two at a market value. Then they can do as they wish.

The executors must act in the interest of the estate and the beneficiaries. I would suggest they take marketing advice from a chartered surveyor and ask him to comment on the before/after marketing opportunity. Of course one has to take into accout the delay too.

Have you had agent's advice?

In the meantime, unless the executors have assented or appropriated the property to the beneficiaries, they have no title to do anything to the property.

[billscouser]

Thank you everyone for your advice. I am definitely going to go with Dris and just leave them to get on with it. Life is too short.

[dzug2]

If the beneficiaries feel they have badly lost out by the executors' decision they can sue the executors for failing to carry out their duties properly.

But it would be very difficult to prove that that was actually the case here.

The executors can protect themselves by taking professional advice on the appropriate course of action.

[cassa333]

Did the will state that the flat be sold or that it was split ownership between the four?

If sold then the executors decide. Although I think it only moraly right that all four are involved.

If she didn't stipulate the sale then the others I suppose could block the sale.

However if it is in a state of disrepair or needs a refurb I would be inclined to get an estate agent to give a valuation as is and what he thinks it will fetch if done up. Then buy out the other three and do whatever is needed and resell it.

If they think you are going to make more out of it than them they might be more inclined to do it up!!