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QLD Executors of Will Selling Deceased Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by flourmill, 29 July 2014.

  1. flourmill

    flourmill Member

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    There are three executors for the deceased's will and the house needs to be sold before being divided 5 ways.
    I need to know who needs to sign the 22a Appointment of real estate agent and 30c Contract of sale. Does it need to be signed by all three or can one sign or do we need to lodge other paperwork to have the title changed into the executors names. The will is going through probate at the moment.
     
  2. Tim W

    Tim W Lawyer

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    Depends on what the will says about the way the Executors have been appointed.
    Depending on how it's worded, it can be any, or all, or a majority.

    Is the question merely about who can sign the forms,
    or about the decision about whether or not to sell in the first place?
     
  3. flourmill

    flourmill Member

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    Thank you Tim. It is just about signing the forms. It is definitely being sold. I don't think it says anything in the will about it being one or more just the three of us appointed.
     
  4. Tim W

    Tim W Lawyer

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    It certainly sounds uncontentious.
    Have a look at the language of the will document to be sure.

    I am in NSW, not Queensland, and I'll leave it to the Queensland lawyers to give you state-specific input.
     
  5. flourmill

    flourmill Member

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    Okay... thank you for that.
     

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