Benefactors interfering in sale of property

[PersephoneParlormaid]

Can benefactors (not being executors, just benefactors) interfere in the sale of a property? If the answer is no, how can I as executor stop it? Thanks

What are they doing?
When my GM died my DF and his siblings were executors. I got a small amount of money from it but I just sat back and let them deal with it

Are the benefactors in some way annoyed they dont have control?

just to be clear, do you mean beneficiaries, people who have been left something in the will....or benefactors, people who have have done a kindness to someone involved in the will? I am not being snitty, but being clear about who is interfering and what they are doing will help with the advice. By and large, beneficiaries CANNOT do a great deal to interfere with the executor while the executor is doing their job properly and in accordance with the will. Beneficiaries can contest a will and also, if they are all agreed, can ask for a deed of variance to change who gets what or to add a beneficiary within certain circumstances. You'd really need to give more information to get better advice.

Sorry, beneficiaries, they are receiving from the will, they are not executors. They have turned up at a viewing of the house being sold and acted up as they don’t want the house selling. The estate agent and viewer are understandably upset, and this may affect an offer and the estate agent viewing again.

Disclaimer; I’m not a lawyer, though I have been an executor twice.

I’m assuming here that you are carrying out the will as written - either that the will requires you to sell the house, or that selling the house is the simplest way to execute tge deceased’s wishes.

If they are already causing issues like this, I wouldn’t muck about. I would contact a solicitor (get recommendations) and say you want to set up mediation. Your solicitor can then help you prepare for a mediation session with the beneficiaries. Avoid going to court at all costs.

Depends so much on the exact circumstances. If the executor is selling the house because it needs to be sold eg mortgage on the property, some beneficiaries want it sold, then they shouldn’t be interfering but if they all actually don’t want it sold why is the executor selling it? The executor could just transfer it into joint names or a trust, a deed of variation may be needed, but an executor should be listening to the living as well as following the will

The other person can’t afford to buy out my half, so I need to sell it.

so....I think we really do need more information to be able to help? Who has been left what? Who are the people who don't want the house sold and why and what have they been left and, most importantly what does the will say?

Why did they know a viewing was happening? Just keep them completely out of all arrangements, you are the executor so if necessary get locks changes on the house and them removed as contacts with estate agents and then just don’t tell them anything.

I let them know as a courtesy, but I won’t be doing that again.
Didn’t think I could change locks? And I think that might just wind her up.

are you the executor and are you the only executor? i am sorry but we really do need more information

Are there just the two of you as beneficiaries, is this your sibling who doesn't want to sell the house. What does the will state.

As the executor you have a legal duty to secure and protect the assets until they can be properly given out. So you have every right to change the locks, install alarms or whatever you deem necessary to meet that objective.

I’m presuming the same: You and a sister are beneficiaries, but you are the only executor. She doesn’t want to sell, but can’t afford to buy you out. Is that correct?

Maybe advise the estate agent that it will not happen again, and should never have happened the first time, as the person has no control or influence in the matter. And yes, change the locks.

I'm guessing that this is your sibling and you are selling the former parental home?

I thought you could change the locks - Dad did in end I think and found an excuse to do so - no idea where all the keys were I think was excuse- as Uncle was taking things and spending money on unnecessary and expensive carpets and then presenting bills to dad for estate to pay.

Uncle lived abroad but was on country and was eldest and seemed upset Dad was executor.

Quick google seems to suggest you can:
https://www.probatesupporthub.co.uk/post/should-executors-change-locks-after-death

If I’ve understood - you and your sister are inheriting the estate, she can’t afford to buy you out of the house, you don’t want to buy her out, so it’s got to be sold, but she doesn’t want the house sold and think if she stops the sale, somehow she’ll get the house or force you to buy her out and move in? Is it something like that?

How long ago did the house owner die, was it your parent and thius is the family home. Has the other person,, presumably your sister, explained why they don't want it sold, is there any alternative. Does the will state it has to be sold.

Yes, but it’s my cousin. Two of us inherit and I’m the only executor. I don’t want the house, she does but can’t afford it.
Her and her partner went down while the viewers were there, saying it’s not for sale, making the estate agent and viewers uncomfortable and confused.

so what do they want to happen? Does the will just leave the house to you both with no statement about what should happen? I'd definitely stop telling them about viewings and so on and secure the house if they have keys. Are they usually so awkward?

Has probate been granted. What does ot say in the will, if there is one, about the house, does it state it needs to be sold or passed onto you both as joint tenants. If it's simply she doesn't want it sold then you need to ask why and the courts can force a sale. How did they find out about the viewings.

Do not say you don't want the house, is she hoping you'll just give it up or sell,it to her cheap. is she planning to get a mortgage for it,mwhat does she want to do with the house, is there money to inheritance too, I'd make an appointment with a solicitor ormthe estate agents legal team when you both sit down and go through the l3galities.

As an executor I sold a house last year. The agents wanted to see written confirmation I had authority to sell before they would proceed to list it. Presumably your agent has also requested confirmation?

As sole executor there's no need to keep any beneficiaries informed as to progress until you're in a position to distribute the estate.

You might have thought keeping your cousin in the picture was a nice thing to do, but it's backfired and it could be you'll need to reassure your (possibly nervous) estate agent there will be no further confrontations.

Yes they know I have the authority to sell.
So from what you’ve said I don’t need to ask my cousin if she’s happy with any offers, I can just accept an offer?
And yes, I thought I was being nice by keeping her in the loop.

No you as executor have all the say about selling the house unless the will says something different. Your only requirement is to only sell for a fair amount. Provided that the offer that you accept is comparable to the market ad you don't deliberately delay the sale, then the beneficiaries have no say. I am sorry you are having problems, wills do seem to bring out the worst in some people.

That’s right, if you are the only executor then you are legally responsible for all decisions until the point where the estate is distributed. You need to keep records so should have several valuations, and be able to show that you accepted a fair market offer but you do not need the beneficiaries permission to accept an offer. They have nothing to do with settling the estate, that’s all you, they just receive whatever is being distributed to them after you have settled any debts, paid any taxes etc.

https://www.gov.uk/probate-estate?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a