Areas of Law / Wills and Probate

My daughter died three years ago leaving her house to her three children when they reach 21 years of age. Her ex-husband has been living with the children rent-free ever since. He now wants to sell the house, but my son, who’s executor of the will, won’t let him. What happens now?

It sounds as though the house has been left to the children in trust, with your son as one of the trustees. Where children are involved there must be at least two trustees. Your son will need to consult with the other trustee(s) and reach a joint decision before any action can be taken. If the other trustee is your ex son-in-law and they can’t agree the matter could end up in court. In that case the wishes of the children could be important.

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