New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

My brother is the executor of my dads will. All four of us…

Customer Question
My brother is the...

My brother is the executor of my dads will. All four of us children are beneficiaries. He is selling dads house and not informing two of us siblings about what is going on. For example as far as we knew the house was for sale at 425.00, originally 440.00 but we all agreed to drop the price but that was as low as we would go for dad to get his money back as he added improvements to the property. I have just found out that an offer has been made at 350.00 and my brother has countered at 365.00. I called the real estate to query why the price had dropped and he had been in contact with my brother 3 weeks ago and they agreed to lower the price and my brother asked the real estate not to pass the information on to us. I have now asked for him to hold back on any more offers as I may be able to afford it at 350.00 vthere abouts and he said he wi

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New zealand!!

Lawyer's Assistant: Has anything been filed or reported?

Not regarding a sale

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes i am interested to know is he has the right to not inform us or to solely make the decesion on the sale when we are all beneficiers

Submitted: 5 months ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Customer reply replied 5 months ago
I asked to him hold back on accepting more offers as i may be able to purchase it at 350.00 ( because as far as i knew the asking price was 425.00) but i will need some time to contact my accountant and a mortage broker. his reply was that he will consider all offers that come in and i will need a sale and purchase agrement to be considered
Answered in 2 hours by:
11/17/2017
Solicitor: Chris The Lawyer, Lawyer replied 5 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,546
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Hi
I am a New Zealand lawyer based in Wellington and will help with your question today
Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 5 months ago
The executor should keep the family informed of the progress, so as to keep this open and transparent. But you can of course make an offer for the property and perhaps see if your share could be the deposit.
Ask Your Own New Zealand Law Question
Customer reply replied 5 months ago
Thank you, As executor (and a beneficiary ) of the will - does he have the final say on what the house sells for or does he have to run it buy the other beneficiary's first?
Solicitor: Chris The Lawyer, Lawyer replied 5 months ago

The executor does have the right to make a decision, but as a beneficiary he has some conflict of interest, and as the executor he also owes a duty of care to the other beneficiaries to ensure that the property is sold at the best price. The best price depends on what the market would pay for the property of course. It is best to consult with the beneficiaries therefore to avoid any suggestion that the price is too low or high

Ask Your Own New Zealand Law Question
Customer reply replied 4 months ago
Thank you, I have sent you a Market Analysis that my Dad got done before he died in June 2017, he was terminal and was going thru the process of selling his house.
I have spoken with my brother, the executor about calling a meeting with all of us siblings there to discuss a price of selling before he does anything. He wont call a meeting as he believes that we wont be in agreement about a price and there will be arguing so he wont do it.I know he discusses things with my sister while excluding my older brother and I and that he has deliberately did not informed us of the price drop back in October but informed my sister. It doesn't seem right.
He says now that he will hand things over to his Lawyer who will sort it and the lawyer will sell the house. Is that true or would the lawyer have to discuss things with all four beneficiary before making a decision?
Also what are the option of removing him as executor and what is to be gained or lost?
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

If you put the property on the open market, that is the best you can do. So if the lawyer is handling the sale on behalf of the executor, and the lawyer is instructed to get the best price, then the executor has discharged his duties. You can remove an executor but you would need to prove very serious misconduct such as theft or fraud. You cannot remove him just because his communication has been poor and he refuses to speak to you

Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

Do you think it would be worthwhile getting a mediator to sort out the issues between the family?

Ask Your Own New Zealand Law Question
Customer reply replied 4 months ago
Thanks Chris, How would I find a mediator - Great idea, if we can all agree on that!
With regards ***** ***** lawyer taking over the sale of the house..what if he isn't instructed to get the best price for the house? And just hands it over to be sold.
I know that the executor just wants it over and done with, and the real estate agent too as unfortunately he is in the middle.
Personally I think it will sell for more but they just don't seem to be prepared to wait, Summer has just begun, Opotiki is lovely
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

There are many mediators available, but of course everyone has to agree to have a mediation. I would hope the lawyer will encourage the agent to get the best price, and of course the more the agent sells for, the better his commission so he has an incentive to sell for a good price

Ask Your Own New Zealand Law Question
Was this answer helpful?
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,546
23,546 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,546 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

68 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,580 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

21,399 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
I'm trying to find out some information for my partner. She
I'm trying to find out some information for my partner. She is Filipino and legally married to another Filipino although separated for 9+ years. She does not know his whereabouts. They have one Daught… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
Can a wholesaler lawfully sell the same goods at different
Can a wholesaler lawfully sell the same goods at different prices to different retailers? in particular could a wholesaler charge 1 price to smaller bricks and mortar retailers and a higher price to w… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
What advice can you give us on filing a warning that a will
What advice can you give us on filing a warning that a will is to be challenged? The NZ police have a file on the person who will be the last one standing in my wife's family. The file covers a record… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
I have had an affair & the spouse found out & attacked me
Hi. I have had an affair & the spouse found out & attacked me physically & is still threatening me. How can I get her to stop? Also can she she me? I am on a work to residency visa, can she approach i… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
I accepted the offer but I have been working on different
Hi I accepted the offer but I have been working on different grounds for what I want on the contract, here they are. Before you write the contract please ask me all the necessary questions.Regards Hen… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
We have paid the deposit but do not require a monthly charge
We have paid the deposit but do not require a monthly charge we have only one question and my never have anymore … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
My question is are there any disadvantages of applying for a
Hi Pearl, my question is are there any disadvantages of applying for a divorce while property settlement isn't finalised? Thank you … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
There. i sold a 44 yearold landcruiser on trademe on 1
hi, there . i sold a 44 yearold landcruiser on trademe on 1 april. the buyer has contacted me today saying he wants his money back because the handbrake doesnt work ,the 4wd handles badly and there is… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
I am on a cross lease property and my neighbour is asking
I am on a cross lease property and my neighbour is asking permission to rebuild their house completely. Our lease has a clause of asking permission prior building alternation. But asking permission to… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
My late mother left my stepfather a life interest in mine
My late mother left my stepfather a life interest in mine and my sisters property (we are the 50% owners) we are currently selling the property and our stepfather has agreed to sign 'a release' - appa… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
My Chinese wife has a Partner (temporary) class UK subclass
My Chinese wife has a Partner (temporary) class UK subclass 820 I hold an Australian passport. She wants to visit NZ for a holiday foe 7 days .Does she need a visa … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
Ihave been video chatting a filopina lady for 6 mths she now
Ihave been video chatting a filopina lady for 6 mths she now wants to come and be with me i looked at immigration web site and saw PARTNERSHIP WORK VISA would that be the way to go there is no immigra… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
My brothers wife has recently died after 26 years of
My brothers wife has recently died after 26 years of marriage. The marital home was hers and left to her 3 adult children. One of the three wants my brother gone from the home. He is 79 on national su… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
How do I find the covenants that apply to my property. 174
How do I find the covenants that apply to my property … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
I just went through your sign up and everything crashed $51
Hi I just went through your sign up and everything crashed $51 has been logged against my visa can you explain a bit more about the 3 options of payment does that payment keep being taken out or is it… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
I recently got charged with a DUI and careless use of
Hi there, I recently got charged with a DUI and careless use of vehicle. I was wondering what sort of conviction and what the possible outcomes are. Thank you… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
Can a new zealand woman married to an australian citizen
Hi. can a new zealand woman married to an australian citizen have relationship property rights to his assets in Australia in the event of separation? Thank you … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers
I was wondering I can have with a travel insurance dispute
Hi I was wondering what follow up I can have with a travel insurance dispute that has been dragging on for nine months. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,546 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x