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What can I do if an executor is refusing to sell a house?

An executor refusing to sell a house can be challenged, compelled to act by the court, and removed from their role where the refusal breaches their duty to the estate.

Beneficiaries and co-executors have several legal options when an inherited property is not being sold, a beneficiary will not move out, or the home is being left to fall into disrepair. The right course of action depends on whether probate has been granted, whether the property still forms part of the estate, and why the sale is being blocked.

At Awdry Law, our contentious probate solicitors help beneficiaries and families across England and Wales resolve disputes over inherited property. We understand these situations are emotionally charged, particularly where a sibling or co-executor is involved, and we work to protect your inheritance at every stage.

To speak with one of our executor dispute specialists in confidence, call our team on 01225 417111 or complete the enquiry form below.

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Can an executor refuse to sell a house?

An executor cannot refuse to sell a house where the sale is necessary to administer the estate correctly. Executors owe a fiduciary duty to the estate and its beneficiaries, meaning they must act in the best interests of everyone entitled to inherit, not in their own personal interest.

The executor must carry out that instruction where the will directs that a property be sold. The executor is expected to arrange the sale within a reasonable time where the estate cannot be distributed without selling the property, for example where the property forms part of the residue of the estate.

Commonly, a refusal to sell an estate property occurs where the executor lives in the property, stands to benefit personally from keeping it, or delays the sale without explanation. Each of these situations points to a conflict of interest between the executor’s duty and their own position.

Learn more about what an executor can and cannot do to understand their rights and when they may be overstepping their role and responsibility.

Why would an executor refuse to sell a property?

An executor refusing sale of property usually has a personal reason for doing so. The most common scenario involves an executor who is also a beneficiary living in the inherited home and does not want to move out.

Other reasons include a disagreement over the property’s value, a belief that the market will improve, or a wish to keep the property within the family. Executors may simply be slow, disorganised, or unwilling to engage with the other beneficiaries.

None of these reasons entitles an executor to block a sale indefinitely. An executor who prioritises their own occupation, or their own share of the estate, over the interests of the other beneficiaries is acting in breach of duty.

The specialist contentious wills team at Awdry Law regularly advises beneficiaries who suspect an executor is stalling a property sale for personal gain. We can assess the executor’s conduct and advise you on the fastest route to releasing your inheritance.

What can you do if an executor is refusing to sell a house?

Beneficiaries have a clear sequence of steps available when an executor is refusing to sell a house. The approach moves from direct communication through to court action, and most disputes are resolved well before a judge becomes involved. The typical steps to follow are:

Step 1: Write to the executor

The first step is to write to the executor and set out your concerns. Request an update on the estate, an explanation for the delay in selling the property, and a realistic timeline for the sale. Keep a copy of the letter, as it may be needed as evidence later.

Step 2: Instruct a solicitor to write on your behalf

A formal solicitor’s letter often prompts action where personal correspondence has been ignored. The letter can set out the executor’s legal obligations, remind them of their fiduciary duty, and warn of the consequences of continued delay, including removal and personal liability.

Step 3: Apply to the court

Court action becomes necessary where other approaches have failed. Beneficiaries can apply for an order compelling the executor to sell the property, provide an inventory and account of the estate, or for their removal entirely. The court can remove and replace an executor under section 50 of the Administration of Justice Act 1985.

Can a beneficiary refuse to sell an inherited house?

A beneficiary can refuse to sell an inherited house only where they are a legal co-owner and the other owners agree to keep it. The position changes completely once the property has passed out of the estate and into the joint names of the beneficiaries.

While the estate is still being administered, the executor controls the property and decides on the sale. Once the property has been transferred to the beneficiaries, usually as tenants in common, the decision to sell becomes a matter for the co-owners.

No co-owner can force the others to sell without a court order where agreement cannot be reached. The Trusts of Land and Appointment of Trustees Act 1996 governs these disputes, and it gives any co-owner the right to apply to court for an order for sale.

My brother/sister refuses to sell our inherited home — what are my options?

When a brother or sister refuses to sell an inherited home, your options depend on whether the property still forms part of the estate or has been transferred into joint ownership. This type of dispute is common where siblings inherit a family house in equal shares and one wishes to keep it while the others want their money.

Your first option is negotiation. One sibling may agree to buy out the others at the property’s market value, which allows the reluctant party to keep the home while the remaining beneficiaries receive their inheritance.

Your second option, where agreement fails, is an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.

The court has power to order the sale of a co-owned property even where one co-owner objects. The court weighs the intentions behind the trust, the purpose for which the property is held, and the interests of each beneficiary.

Our wills and executor dispute solicitors at Awdry Law regularly acts for siblings on both sides of these disputes. Contact our team on 01225 417111 to discuss forcing a sale, defending your occupation, or negotiating a buy-out.

Can a beneficiary live in an inherited house rent-free?

A beneficiary can live in an inherited house rent-free only with the agreement of the executor and/or the other beneficiaries. A beneficiary in sole occupation is not automatically entitled to do so at the expense of the other beneficiaries.

The property belongs to the estate until administration is complete. An executor who allows one beneficiary to occupy the home rent-free while the others wait for their share may be favouring one party over the others in breach of duty.

Once the property is co-owned, an occupying beneficiary who has kept the others out may be required to pay an occupation rent. This is money paid to compensate the excluded co-owners for their loss of use of the property.

Can you charge a beneficiary rent for living in an inherited property?

You may be able to charge a beneficiary rent for living in an inherited property through a legal principle known as occupation rent. Occupation rent applies where one co-owner occupies a jointly owned property and excludes the others, whether directly or by making shared occupation impossible.

The court can order the occupying beneficiary to account to the other co-owners for their use of the property. The amount is usually assessed by reference to the market rent, adjusted for any contributions the occupier has made towards the mortgage, insurance, or upkeep.

Occupation rent is often claimed alongside an application to sell the property. The two claims together allow the non-occupying beneficiaries to recover both their share of the sale proceeds and compensation for the period they were kept out.

What if a beneficiary will not move out of an inherited house?

A beneficiary who will not move out of an inherited house can be required to leave through a court order for possession or sale. The remedy depends on whether the property is still held by the executor or has passed into the joint names of the beneficiaries.

While the estate is being administered, the executor holds legal title and can seek possession of the property so it can be sold. A beneficiary refusing to vacate obstructs the administration and can be removed by the court.

Once the property is co-owned, the other co-owners can apply under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale, which brings the occupation to an end. An occupation rent claim can run alongside this application to compensate for the time the property was withheld.

A beneficiary not moving out, refusing to sell, or preventing others from receiving their inheritance is one of the most frequent property disputes we handle. Awdry Law has the expertise and experience to advise you on the quickest lawful route to possession and sale.

Who is responsible for maintaining an inherited property?

The executor is responsible for maintaining an inherited property while the estate is being administered. The duty to preserve the value of the estate means the executor must keep the property insured, secure, and in reasonable repair until it is sold or transferred.

A property left empty and neglected can lose value, suffer damage, or become uninsurable. An executor who allows an inherited home to fall into disrepair may be liable to the beneficiaries for the resulting loss.

The responsibility passes to the co-owners once the property has been transferred to them. A beneficiary living in the home who fails to keep it in good condition, while the value drops for everyone else, gives the other co-owners grounds to seek a sale and, in some cases, compensation.

Can one beneficiary force the sale of an inherited property?

One beneficiary can force the sale of an inherited property by applying to court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. This applies once the property is co-owned, and it is the standard remedy where one owner wants to sell and another refuses.

The court considers the factors set out in section 15 of the Act. These include the intentions of the person who left the property, the purpose for which it is now held, the welfare of any child living there, and the interests of any lender.

The court will usually order a sale where the property is held simply as an inheritance to be divided and one co-owner wants their share released. An order for sale unlocks the value of the property and allows every beneficiary to receive their entitlement.

Can an executor be removed for refusing to sell a house?

An executor can be removed for refusing to sell a house where the refusal breaches their duty and harms the estate. The court has power to remove and replace an executor under section 50 of the Administration of Justice Act 1985.

The court will consider the executor’s conduct, the nature of the estate, and the interests of the beneficiaries. An executor with a conflict of interest, such as one living in the property they are refusing to sell, is particularly vulnerable to removal.

Removal is a serious step and the court does not take it lightly. The alternative is a court order compelling the executor to sell the property or to provide a full account of the estate, which is sometimes enough to break the deadlock without replacing them.

How Awdry Law can help with inherited property disputes

Dealing with an executor refusing to sell a house, or a beneficiary who will not move out, is stressful and can leave your inheritance tied up for years. The sooner you take advice, the sooner the property can be released and your share paid.

At Awdry Law, our contentious probate solicitors have extensive experience resolving inherited property disputes throughout England and Wales. We act for beneficiaries seeking a sale, co-executors caught in a deadlock, and family members who want their inheritance without a drawn-out court battle.

Our team resolves most disputes through negotiation or mediation. However, where negotiation fails we can assist with applying to the court for an order for sale or the removal of an executor.

To speak with one of our probate dispute specialists in confidence, contact us today by calling 01225 417111 or completing the quick and easy enquiry form below. Your initial consultation is free and comes with no obligation.

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