Executor of a will: who chooses the estate agent on a probate sale and what are the rules around this?

Can I ignore my sister's wishes in choosing an estate agent to sell our Grandfather's house when I am one of the executors of his will and she is not?
Daniel Lynch
Fiona McNulty24 September 2019

Question: My Grandfather has died and I am one of his executors together with his solicitor. My sister and I are each inheriting 50 per cent of the estate.

There is a house to sell and my sister says we must use the small online estate agency business that’s run by her daughter.

The other executor and I do not want to do this — we intend to use a well-known national agent who has a good reputation in the area, particularly as the house is quirky and may not sell all that easily. Can we just ignore my sister’s wishes?

Answer: As executors, you and your grandfather’s solicitor are both accountable for the proper administration and distribution of the assets of his estate.

Your general duties as executors are to apply for the Grant of Probate to be issued; collect in and safeguard your grandfather’s assets; pay his debts and liabilities such as utility bills, inheritance tax, capital gains tax and any outstanding income tax; prepare estate accounts and finally, distribute the estate.

You must act in the best interests of the beneficiaries, so you must do everything reasonably possible to maximise the value realised on sale of any assets comprised in the estate.

You and your co-executor may appoint an estate agent of your choice but it would be advisable to obtain written proposals from two or three before you instruct one. Perhaps invite your niece to submit a proposal.

Although there is no legal requirement for you to do so, you and your co-executor could discuss the various estate agents’ proposals with your sister but ultimately it is up to you as executors to achieve a sale of your grandfather’s house for a true open market value.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here.

Fiona McNulty is a solicitor specialising in residential property.