NSW Can Other Executors of Will Sign Agency Agreement Without Consent?

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vrbr12

Member
10 January 2017
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Quick question:

My mother died recently and my brother, sister and I are executors of her will. I have just found out that my brother and sister have been to a real estate agent and signed an Agency Agreement for the sale of mum's house.

I was not aware that they had even met with an agent and have been made aware that the agent did not know that there was a third executor.

Can my brother and sister do this without my knowledge?

Also, don't we have to wait until probate is finalised? Mum only died in the middle of November.
 

Hayder Shkara

Lawyer
LawTap Verified
16 January 2017
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Sydney, NSW
www.neatlaw.com.au
Depends on how the will is written. It may require all 3 of you to make any decisions in relation to the will.

If the house is in your mums name then it will need to be transferred to the beneficiaries of the will. You will need the probate to do this. You can't sell the house to someone else if it's still in her name.

The agent is probably jumping on board to get a sale for themselves.
 
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vrbr12

Member
10 January 2017
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Thanks so much Hayder. We were all equal Executors and all to get an equal share in the property. Probate hasn't begun yet as the solicitor is still waiting for papers from the financial institution.