When someone is blocking the sale of a probate property, this guide explains your legal options and the court process for forcing a sale under TOLATA 1996.
This guide is part of ProbateHelp's Estate Assets guide cluster. Estimated reading time: 16 min.
Usually no. A personal representative can often sell estate property as part of administering the estate. A beneficiary can challenge improper conduct, such as a sale at an undervalue, but they cannot normally veto a proper sale just because they disagree.
The executor should first check whether the occupant has a tenancy, licence, will-based right, home-rights issue, or other legal basis to stay. If there is no right to occupy, the estate may need possession advice before any sale can complete.
A TOLATA application can take months and depends on the court, evidence, and whether the dispute settles. Costs can be significant, so mediation and a formal pre-action letter are usually worth considering before issuing a claim.
The court can make orders about sale and trustees' functions under TOLATA. Whether it orders vacant possession, a delayed sale, or another arrangement depends on the facts and the evidence.
If sale proceeds would not clear the mortgage or secured debt, the executor needs debt and insolvency advice before agreeing a sale. An estate with more debts than assets may need to be treated as insolvent.