VIC Can a state trustee sell a property without beneficiaries consent?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

joshwheeler89

Member
18 December 2020
2
0
1
My mum recently passed away and the executor of the will has chosen to hand it over to state trustees, the will states that the trustee shall not so far as they are legally able to affect a sale on the property without the consent of the children, and that it is to be made available for thr children to live in providing they cover all outgoing costs.

My question is can the state trustees sell the house without the children there are 5 of us consenting?
 

Harry De Elle

Well-Known Member
11 February 2017
63
3
199
Before it can sell it must the trustee must satisfy itself that it has the power to sale. They generally do mot have the power to sell because their obligation is to preserve the property.
Independent legal advise should be sought be all the beneficiaries...
 

joshwheeler89

Member
18 December 2020
2
0
1
So basically as the will states it can't be sold without the written consent of the children if the children don't consent they cannot sell?