As a result of a will two siblings are trustees and they plus their other 2 siblings are beneficiaries. Due to some property issues the trustees (and beneficiaries) are split down the middle about a decision regarding property. The son (trustee) has done all the work and administration to date (by total agreement with other trustee and beneficiaries). He is very unhappy with an unreasonable stance by other trustee and one other beneficiary. What are his options to force sale so estate can be wound up?
Discussion, consultation, doing nothing, involving all siblings (all adults)
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If the trustees cannot agree on action to be taken about sale of the property, they would have to apply to the High Court for directions. This would be at the cost of the estate. It is quite likely that the court would just order that the property be sold, rather than preserving it, if the trustees and beneficiaries were divided in their views. Normally an estate should be wound up and the assets sold, sooner rather than later because of the potential for further disagreement. The alternative to apply to the High Court, would be to agree to mediate the course ahead for winding up the estate.
LLB MMgt FAMINZ 32 years qualified as lawyer
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