Disagreements between heirs over selling an estate property in Halifax are more common than most families expect. A parent passes away, the will is read, and suddenly siblings who have always gotten along find themselves on opposite sides of a disagreement about the family home. One wants to sell immediately. Another thinks the property is worth more than any realtor is suggesting. A third wants to keep it in the family. A fourth lives across the country and just wants it resolved.
These disagreements are painful, and they can delay the sale of the property for months or even years — costing everyone money and damaging relationships in the process. Here is how to navigate them.
Understand the Executor’s Legal Role
If you are the executor, it is important to understand that your job is not to make everyone happy. Your legal duty is to administer the estate in accordance with the will and in the best interests of all beneficiaries — which in most cases means selling the property at fair market value within a reasonable timeframe.
This means you have the authority to make decisions, even when beneficiaries disagree. You are not required to get unanimous consent from all heirs before listing or accepting an offer. However, exercising that authority without communication and transparency is a recipe for conflict. Keep beneficiaries informed at every stage, document your decisions and the reasoning behind them, and consult your estate lawyer before taking any significant action.
Address the Emotional Reality First
Most heir disagreements about estate properties are not really about the property. They are about grief, about family dynamics, about feeling heard or overlooked, or about unresolved history that long predates the death of the parent. Recognizing this does not make the disagreement easier to resolve — but it does change how you approach the conversation.
Before jumping into negotiations about price or timing, give people space to grieve and to voice what the home means to them. Often, what someone says they want (to keep the house) is really an expression of something deeper (not wanting to let go of their parent). A skilled mediator or counsellor can be genuinely helpful here.
Get an Independent Market Valuation
One of the most common sources of disagreement is price. Beneficiaries who grew up in the family home — or who have not followed the market — often have an inflated sense of what the property is worth. Getting an independent appraisal from a certified appraiser removes the subjectivity from this part of the conversation. The appraiser is a neutral third party with professional accountability for their opinion of value.
If beneficiaries still disagree with the appraised value, they can seek a second appraisal. But working from an objective professional opinion is far more productive than arguing about what someone heard a neighbour’s house sold for.
What Happens If a Beneficiary Wants to Buy the Property?
Sometimes a disagreement arises because one heir wants to purchase the property themselves. This is entirely possible, but it must be handled carefully. The executor’s duty to obtain fair market value still applies — you cannot sell the property to a family member at a discount simply to avoid conflict. The transaction must be at arm’s length and at market value, ideally confirmed by an independent appraisal.
When to Involve a Mediator or the Courts
If beneficiaries cannot reach agreement despite good-faith efforts, mediation is a less costly and less adversarial alternative to litigation. A professional mediator can help parties work through disagreements in a structured way and often reach a resolution that all parties can accept.
If mediation fails, a beneficiary can apply to the court for an order requiring the executor to proceed with the sale or, in extreme cases, for the court to supervise the administration of the estate. This is a last resort — costly, slow, and damaging to family relationships — but it is available when necessary.
Roy Thomas has navigated many estate sales involving complex family dynamics. He approaches every situation with discretion and professionalism. Call or text 902-497-3031.
