Managing conflicts, execution issues, and equitable duties
If you’re one of several executors or trustees responsible for selling property, you’re probably realising it’s not always straightforward. While having multiple people in charge can offer checks and balances, it also creates complexity, especially when decisions need to be made quickly or emotions are running high. Here’s what you need to know to keep things moving and avoid costly missteps.
Everyone must agree, or nothing happens
When it comes to selling property, unanimous consent is key. Executors or trustees generally need to act jointly unless the will or trust deed says otherwise. That means all signatures are required on the contract, the vendor’s statement, and any authority to sell. If even one person drags their feet or disagrees, the sale can stall.
This becomes a real challenge if, for example, one executor lives overseas, is uncontactable, or simply refuses to cooperate. In some cases, court intervention may be needed to remove or bypass an executor who is acting against the estate’s interests. But before heading down that path, it’s worth exploring practical solutions—like mediation or legal advice—to bring everyone onto the same page.
Equitable duties mean acting in the best interests of beneficiaries
As an executor or trustee, you’re not acting for yourself; you’re acting on behalf of others. You have what’s called a fiduciary duty, which means you must act honestly, avoid conflicts of interest, and always put the beneficiaries’ interests first. That includes getting a fair market value for the property, ensuring transparency in decision-making, and not favouring one beneficiary over another (especially if you’re also a beneficiary yourself).
Disagreements often arise around timing and price, such as whether the property should be sold now or it is better to wait for the market to improve. These are commercial decisions, but they also carry legal weight. If your actions cause the estate or trust to suffer a loss, you could be personally liable. This is why clear communication, proper records, and (where needed) professional valuations are so important.
Avoid execution headaches by planning ahead
Execution issues are one of the most common (and preventable) delays in estate property sales. Make sure early on that all executors or trustees are identified correctly on the title and in any agency or legal documents. If someone has changed their name or their signature doesn’t match official ID, sort it out before contracts are issued.
It’s also worth thinking about power of attorney arrangements. If one executor can’t be physically present to sign documents, a power of attorney, limited to executing the sale, can be an efficient workaround. Just be sure it’s properly drafted and accepted by all parties involved in the transaction, including the conveyancer and purchaser’s representatives.
Managing a property sale as a group of executors or trustees doesn’t need to be a nightmare, but it does require coordination, cooperation, and an understanding of your legal duties. If issues are brewing or you’re unsure how to proceed, don’t wait until contracts are on the table. Early legal advice can help you avoid disputes, delays, and liability risks.
And remember: you’re not expected to do it all alone. Engaging professionals like estate lawyers, accountants, or selling agents with estate experience can help smooth the process and give everyone confidence that their role is being handled properly.
Disclaimer
The information on our website is general and is not legal advice. We put lots of work into making our content insightful, but it may not apply to your personal circumstances. We’re more than happy to help with your individual issues – just reach out.