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I’m a trustee of a will - is it my job to sell the house?

3 replies

Hazelnut5 · 24/10/2022 22:22

A family member died. He has three executors (siblings) and two trustees (including me), and a house which needs to be sold. The estate is to be divided into three, and the trustees are to look after one of the shares on behalf of one of the siblings.

The will has this line in: My trustees shall hold the rest of my estate on trust for sale on the following terms: (then some stuff about paying taxes etc and giving a third to each sibling).

So whose job is it to sell the house - the executors or the trustees? At what point should the trustees step in if the executors haven’t done it?

The house has been sitting empty for a long time. I assumed the siblings would sell the house but it’s not clear they are coordinated enough to do it. But I don’t want to go stepping on toes if it’s not my job. Any advice?

OP posts:
Collaborate · 25/10/2022 10:47

Was this a homemade will? It seems poorly drawn.

Normally the residuary is held by the executors on trust. Appointing trustees for a third of the estate who aren't the executors sews confusion.

The two "trustees" are not executors so have no responsibility to administer the estate, and no legal standing. If I were you I would want the executors to have a solicitor draw up a deed of trust and you would have to then consider whether you accept the appointment as trustee (by signing the deed).

gogohmm · 25/10/2022 10:50

The executors sell the house or other measures in the will. The trustees are to look after the money for the person who lack capacity

Hazelnut5 · 25/10/2022 13:31

Thanks both. That’s helpful.

@gogohmm That's exactly what I thought, which is why I’m confused by that particular line which seems to imply a bigger role.

@Collaborate It was professionally drawn, but I’m glad I’m not the only one who finds it confusing. Sounds like it would be worth us getting some proper legal advice.

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