OK - The will states "I DIRECT my Trusties to sell my unit ..." (emphasis as printed) to date no probate has been applied for and the relocatable DPU resides on one 1 trustees property.
There are several joint executors & trusties (they are the only beneficiaries listed and are all executors & trusties jointly & .........equally) which are all adult children of the deceased (I have absolutely no reason to think there are any other children of the deceased, period.).
Is the sale of the unit therefore mandatory or is it at the discretion of the trusties should they all agree?
What happens if one or more disagree?
Can it be sold to one of the trusties (the one whose property it is on)?
It also states that "My Executors shall hold the whole of my estate UPON TRUST to be divided equally among ..." us, the trusties.
Can the monies just be divided equally among us or are we required to put it all in a trust for some prescribed time frame?
The rest of the will seems to say that we can; apply for benefit (whole or part)of any capital, invest it as desired and postpone the selling of, or retain any of the residuary estate.
I have only included that last one in case it affects any of the previous statements.
Can this be done without probate, or what would make probate a requirement?
Thanks
There are several joint executors & trusties (they are the only beneficiaries listed and are all executors & trusties jointly & .........equally) which are all adult children of the deceased (I have absolutely no reason to think there are any other children of the deceased, period.).
Is the sale of the unit therefore mandatory or is it at the discretion of the trusties should they all agree?
What happens if one or more disagree?
Can it be sold to one of the trusties (the one whose property it is on)?
It also states that "My Executors shall hold the whole of my estate UPON TRUST to be divided equally among ..." us, the trusties.
Can the monies just be divided equally among us or are we required to put it all in a trust for some prescribed time frame?
The rest of the will seems to say that we can; apply for benefit (whole or part)of any capital, invest it as desired and postpone the selling of, or retain any of the residuary estate.
I have only included that last one in case it affects any of the previous statements.
Can this be done without probate, or what would make probate a requirement?
Thanks
