Executors' Rights And Duties.

[derekpara]

If there are three executors to a Will can they act independently as well as severally if the Will does not state either way ?

For example can one executor instruct a solicitor regarding, say, the disposal of an item of property without consulting the other two ?


D

[Peter Pedant]

.

as a lawyer might say - it all depends.

probate should be granted before disposal on account of tax claims - the tax man needs his share of IHT.

But if it is 'give the car to A' and the exec says to A come and collect - I would have no complaint.

I note that in previous posts you have mentioned the main asset of flat. If I were beneficiary I would expect to be consulted on the sale purely because one might wish to buy. Bear in mind that if there is a dispute about a shared asset then the judge if called on to decide might well say O for christ sake,sell at auction and divide the result by two.....

[derekpara]

Thanks Peter. Point taken

D

[Peter Pedant]

see also
Business and Finance
Raising a mortgage to buy siblings out

I feel sorry for the sibling that wants to stay
but the wheels of the law are griding on....