Executor Dispute

[dinah60]

My mother passed away in February. She left five siblings (beneficiaries) of whom 2 are executors of the will. The sale of mum’s flat fell through last week when the purchaser pulled out. The three beneficiaries, and one of the executors, wish to place the sale with multiple estate agents but the second executors refuses to acquiesce to this request stating that single agent’s fees are lower. The flat is subject to £100 per month management fees and the longer it remains on the market the agents fees “saved” could soon be swallowed up. I know that beneficiaries have no legal rights but what is the legal position of the other executor? Thank you.

[Svejk]

I'm no expert, but I thought a property had to be placed with more than 1 estate agent when part of a shared estate.

[Svejk]

I also thought you only pay fees to the estate agent that completes the sale.

[dinah60]

Thanks Svejk. Regarding agents fees. If you sign with one agent the charge is lower, in this case 1.25% if a sale is effective.. If you sign up with multiple agents the charge is around 2.5% if a sale is effected. Regards

[dinah60]

Sorry for typo! Should have read effected not effecte..

[Svejk]

I thought I'd just bump this up as I wasn't any help.

[Buenchico]

You might be able to apply, under Section 50 of the Administration of Justice Act 1985, for the dissenting executor to be removed but you'd need to show that his obstinacy was prejudicial to the interests of the beneficiaries. Such an application is unlikely to be something that you could do without the help of a solicitor but it might still be worth considering:
http://www.step.org/tackling-troublesome-executors

On a more practical level, why not consider if there are any ways of marketing the house that don't involve the need for estate agents? I sold my late father's house simply by putting large notices in the window and advertising on supermarket notice boards, without the need for an estate agent. Perhaps a similar 'DIY' approach might be useful to you?

[dinah60]

Thanks Buenchico. Your DIY suggestion is worth consideration. I will discuss with the others. Regards