OLIVER ALMEIDA 11 June 2023

Legal heir not co-operating with an executor

Respected Experts - I have been appointed an Executor along with my elder sister under my Late Mother's Will. We are Indian Christians. Under the Will there are 5 legal heirs i.e., the two of us and 3 other brothers. Under the Will all legal heirs are to receive an equal share in my Late Mother's Estate. We have been granted an un-contested probate by the Courts. We have collected all the assets (the Estate has no debts) of the Estate and have begun distribution of the moveable and immoveable properties. All the legal heirs are cooperating with the Executors with exception of the Eldest Brother who for unknown reasons has been very non-responsive and non-cooperative. We have received an offer from a buyer to buy off the immoveable property. The buyer's is seeking a loan from a Bank who has asked the buyer to furnish a written NOC in the form of an affidavit from all the legal heirs confirming that they have no objection to the sale of the immoveable property. All legal heirs have provided their NOC with the exception of the Eldest brother. The Banks are not willing to proceed to fund the purchase without the NOC of all legal heirs. The Executors have made several attempts to reach out to the Eldest brother, but he has not responded at all. What options do the Executors now have given this situation where one of the legal heirs is not cooperating? Any guidance and advice on this matter would be greatly appreciated.

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T. Kalaiselvan, Advocate (Advocate) 12 June 2023

The process by which a testator's Will is made legally valid is known as Execution of Will.

A document by which a person (called the trestator) appoints executors to administer his estate after his death, and directs the manner in which it is to be distributed to the beneficiaries he specifies.
An executor- A person appointed by a will to administer the testator's estate.

It is the expression of the testator's wishes concerning how his/her property is to be distributed. It is the only way one can ensure his/her assets will be distributed according to his/her wishes after his/her death

The executor is, therefore, the legal representative of the deceased (the testator). He or she has been given an authority to dispose off the assets of the testator as per the will.

The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.

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Dr. J C Vashista (Advocate ) 12 June 2023

Well analysed, explained and advised by expert Mr. T Kalaiselvan, which can be understood by any layman.

Nothing more to add.

Real Soul.... (LEGAL) 12 June 2023

If a will is clear in terms of distribution and has appointed ae executor too, then the executor eveh has no freedom but to arrange for distribution of asstes in terms of will not beyon that.If a will is clear in terms of distribution and has appointed ae executor too, then the executor even has no freedom but to arrange for distribution of assets in terms of will not beyond that. Just proceed in terms of will and make the distribution as desired by testator. There is no choice for anyone to speculate of demand.If a will is clear in terms of distribution and has appointed ae executor too, then the executor even has no freedom but to arrange for distribution of assets in terms of will not beyond that. Just proceed in terms of will and make the distribution as desired by testator. There is no choice for anyone to speculate of demand.