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SA Can Executor of Will Sell Property Without Consent?

Discussion in 'Wills and Estate Planning Law Forum' started by xxshellsxx, 11 August 2016.

  1. xxshellsxx

    xxshellsxx Active Member

    31 December 2015
    Likes Received:
    Hello all.

    My father passed away almost 4 years ago. He left a legal will and in it, his wishes are that his real property is to be divided equally between my brother and myself. My father appointed an executor of will who has proved elusive. She has been purposefully refusing to distribute any of the deceased estate and has failed to fulfil his wishes according to his will.

    I have now received a letter from a lawyer that the executor of will has appointed to deal with our late father's estate 'advising' me that the Executor has agreed to the sale of our late father's house and land.

    This is on a walk-in walk-out basis. The settlement date is to be within 6 weeks and I am hereby notified that should I wish to collect any contents from the property prior to settlement, I must do so within 28 days and will have no further opportunity to access the property after that time. The letter concludes with 'Please note that the executor considers that you have already had ample opportunity to obtain any contents you may want.'

    I have 2 questions which I am looking for help with.

    Can the executor sell our late father's real property when the will states that the real property and residual estate is to be left equally to my brother and myself?

    As the executor has not distributed any of our late father's wishes as instructed in his will am I permitted to remove anything from the estate of my own accord? (This seems to go against all that I have read and that I could, in fact, be charged for doing so).

    Thank you for your time and any offered guidance.
  2. CathL

    CathL Well-Known Member

    19 April 2014
    Likes Received:
    That executor of the Will must distribute the assets in accordance with the Will. If you're worried, then you should get your separate legal advice because the lawyer acting for the estate (and advising the executor) may not be able to assist you.
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    xxshellsxx likes this.

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