by HAPPYGIRL  10/01/2014  383 Page Views
7 Comments  Wills, probate, letters of administration, powers of attorney

I'm executor of a will with probate to transfer a property into 3 names of equal portions.

The 3 beneficiaries believe possibly the best option is to possibility to sell the property in South Australia. Given that the will states to transfer, does any documentation need to be drawn up by the executor for beneficiaries to sign by all 3 to agree for sale? If so what happens if they change their mind and one or more parties decide to buy out the others portion?

Should the property be sold, should the title be in the name of the Executor acting for the deceased or in the name of the Executor? Does it matter?

In addition one of the 3 beneficiaries had a verbal agreement to manage the incomings and outgoings of the property over several years. Can that party then claim anything against the estate or successfully sue the estate if they can provide evidence?