Thanks mf,
Actually It was the executor who wrote the extra clause into the will, who also objected to the sale, he thought that the house should have been left to himself, as the elder sibling.
It really doesn't matter much now, but I just wanted to know what is the point of making a will with a solicitor, if an executor can insert a new clause to suit his own objections.
Actually It was the executor who wrote the extra clause into the will,.
There isn't a specific obligation to wind up an estate within 12 months. This is what the law says:Executors are obliged to carry out their responsibilities regardless of whether or not the beneficiaries agree.
Unless there are some unusual circumstances, they are obliged to sell the property and distribute the proceeds within 12 months. Unusual circumstances do not include not selling because some of the beneficiaries dont like the price the property achieves on open market. An executor can be sued for failure to carry out his/her duties.
The executor has a minimum of 12 months time allowance, not a maximum. That said, more than 4 years does seem excessive.62.—(1) The personal representatives of a deceased person shall distribute his estate as soon after his death as is reasonably practicable having regard to the nature of the estate, the manner in which it is required to be distributed and all other relevant circumstances, but proceedings against the personal representatives in respect of their failure to distribute shall not, without leave of the court, be brought before the expiration of one year from the date of the death of the deceased.
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