Sometimes, but the executor’s power is controlled by section 47 of the Administration of Estates Act and by the will.
Section 47 provides that, unless it would be contrary to the deceased’s will, an executor must sell estate property in the manner and subject to the conditions approved in writing by the heirs who have an interest in that property. Certain categories of property ordinarily sold through a stockbroker or in the ordinary course of a business are excluded from this rule.
If an interested heir is absent, a minor or under curatorship, or if the interested heirs cannot agree on the manner and conditions of sale, the executor must sell in the manner and on the conditions approved by the Master. The wording of the will can also materially affect whether heir approval is required.
The executor must additionally comply with the conveyancing and Master’s requirements applicable to the transfer of immovable property. A family member or beneficiary cannot validly sell estate property merely because they expect to inherit it.
See also: How to change ownership of a house after death? | How is a deceased estate distributed?
Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.