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Lynne asks: My mother passed away in November 2011. Probate was granted in April 2012. My three sisters and I were all named as executors and beneficiaries. Sister two took it upon herself to take over the role. There is a unit which was being rented. Sister two decided continue renting the unit out. Sister one and I want the unit sold. What are our rights?
Brydens answers: In the event that there is no agreement between the executors, an application can be made to the court for direction and or the removal of executors. The court will weigh up the merits of each of the parties, in light of the terms of the will, and will determine appropriate orders. Significant costs can be incurred in such applications. Every effort should be made by the executors to reach agreement to avoid diminishing value of the estate.