Question about selling an inherited home

[STEINER]

Hi,


I am looking at a scenario which is likely to happen to me personally in the next 5 to 10 years.

A widow wills her home to her 5 adult offspring, and on her death, all the legal stuff is done and the property is transferred to ownership of her 5 adult offspring. There may be disagreement about what to do with the property as not all 5 "get on" with each other. My question is, do all the 5 have to agree on selling the property before it can be sold or is it majority rules, or can one person block the selling of the property?

 

[Towger]

My non legal understanding of this is that, 'One person can force the sale of the property.' It is of course easer if everyone agrees on what is to be done.

 

[Deiseblue]

The Executor of the Estate will extract the Grant of Probate and as there are 5 residuary legatees will sell the property and divide the proceeds between the legatees.
If one of the residuary legatees wants the property the usual procedure is that with the agreement of the other legatees that person provides 4 fifths of the probate valuation of the house which is then divided between the other legatees - if such agreement is not forthcoming then the sale proceeds.