Do all beneficiaries have to agree to the sale of property?
When someone passes away, selling their property is often one of the biggest tasks during probate. But if there are several people set to inherit, things can quickly get complicated.
A question that often comes up is: do all beneficiaries have to agree to the sale of property? The answer depends on what’s in the Will, who the Executor is, and how the beneficiaries are involved. Let’s break it down.
What power does the Executor have?
If the person who died left a Will, they usually name one or more Executors. The Executor is responsible for managing the estate, and this includes deciding what happens to any property.
If the Will says the house should be sold and the money shared out, then the Executor doesn’t need the beneficiaries’ permission to sell. Their job is to carry out the instructions in the Will, even if some beneficiaries would prefer to keep the house.
But things are different if:
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There’s no Will (in which case, an Administrator is appointed)
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Or the Will is unclear about what should happen to the property
In those cases, the situation can become more complicated, and the views of the beneficiaries may carry more weight.
What if beneficiaries disagree?
Beneficiaries don’t have the final say, but they can raise objections if they believe the Executor isn’t acting in the estate’s best interests.
Common disagreements include:
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One beneficiary wants to keep the house and live in it
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Others want to sell and divide the proceeds
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Disputes over the timing or value of the sale
Executors should always try to keep beneficiaries informed and explain their decisions clearly. But if things break down, beneficiaries can apply to the Probate Court to challenge the Executor’s actions, though this is usually a last resort. That’s why good communication and, where possible, agreement between everyone involved is key.
How is the property valued fairly?
Even when everyone agrees to sell, valuing the property can cause tension, especially if someone feels it's being sold for too little.
To avoid issues:
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Executors should get a professional valuation (or two)
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All beneficiaries should be kept in the loop
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The house should be marketed properly to get the best price.
If the Executor sells the property below market value without good reason, they may be held accountable by the beneficiaries. So, it’s in everyone’s interest to take care during this step.
In summary, do all beneficiaries have to agree to the sale of property?
No, not always.
If the Will instructs the property to be sold, the Executor has the legal power to make that decision. They’re expected to act fairly and in line with the Will or rules of intestacy.
However, if the Will is vague or there’s no Will at all, the Executor should seek agreement from all beneficiaries before making big decisions.
Disagreements can delay probate, cause stress, and even end up in Court, so it’s always worth trying to find a solution that everyone is comfortable with.
