The High Court has given the solicitor for the executrix of a deceased woman’s estate exclusive carriage of the sale of the former family home, finding that the process would be more efficient under the solicitor’s control.
Mr Justice Max Barrett ruled on an application to enforce a 2008 order made in judicial separation proceedings between the woman, Ms Y, and her former husband, Mr Z. The order gave Mr Z an exclusive right to occupy the home until their child turned 18, subject to the property being sold no later than that date. It entitled Ms Y to 17.5 per cent of the gross sale price, with the balance going to Mr Z. Following Ms Y’s death, her share is to pass to her estate.
The executrix, identified in the case as X, sought control of the sale through her solicitor, authority to appoint an auctioneer and directions on the sale. The court also noted that no objection had been taken to an order confirming that the 2008 order remained valid and in force.
The home had been on the market since June 2018. The judgment said Mr Z had arranged viewings and received an offer around the value placed on the property by the estate. However, the judge considered that the asking price sought by Mr Z was about 13 per cent above current market value and was impeding a sale. He concluded that, despite some effort by Mr Z, the sale process would improve if the executrix’s solicitor had exclusive carriage and could appoint an auctioneer.
The judge granted the reliefs sought and confirmed the 2008 order was valid and subsisting. He directed that the matter be listed before him again the following June to encourage progress. He expressly stated that he was not ordering the house to be sold by that date.
Mr Z and his children had raised concerns about the administration of Ms Y’s estate, including allegations against the estate’s solicitor and a claimed agreement connected to an earlier appeal settlement. The judge said those matters were outside the scope of this sale application and made no findings on whether the grievances were well-founded. He also made no finding against the solicitor. He said any legal complaints would need to be pursued through appropriate proceedings.