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Executor Illegal Behaviour - Rental of Property against Will instructiExecutor Illegal Behaviour - Rental of Property against Will instructi

Property »Posted 14 Jun 2018 Post Answer

legal question The issue pertains to a house left to be sold after the probate has now been completed. The challenges are as follows:
1) the will stipulated that the house be sold and the proceeds distributed as per the will details
2) there are two joint executors both of whom reside in the UK and have not, since the death of the deceased been on agreeable terms (siblings)
3) one sibling processed the will (with power reserved to the other) and the probate was completed however the house now (since 2016) needs to be sold
4) the disagreeable executor has, along with other siblings in Barbados, illegally rented out the house which came to our attention mid/late 2016
5) the disagreeable executor refuses to engage with the other executor

We would like to know what steps can be taken 1) to reclaim the property (name of tenants are unknown to us and we have no affiliates in Barbados to assist us) and prepare for sale 2) can any legal action be taken against the disagreeable executor for renting out the property knowing that the will clearly states it was to be sold and 3) would it be practical and financially sensible to embark on this process given that we do not reside on the island to help enforce any action taken?

This is causing considerable emotional distress to the other elderly executor so the simplest, quickest and most cost effective procedure would be preferred.

I look forward to your response.

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