What can a beneficiary do if an estate trustee refuses to sell a property most beneficiaries want sold?

Where a will gives the estate trustee genuine discretion over whether to sell or retain property, the trustee generally isn't required to follow the wishes of the majority of beneficiaries, provided their decision is reasonable and consistent with their fiduciary duty to the estate as a whole, rather than being arbitrary, self-serving, or clearly contrary to the beneficiaries' collective interests. Simply disagreeing with the trustee's judgment isn't, on its own, grounds to force a sale.

Where beneficiaries believe the refusal genuinely isn't reasonable, or is motivated by something improper, such as the trustee's own interest in keeping the property, or where the will doesn't actually give the trustee this kind of discretion, they can apply to the court for directions, asking a judge to review the decision and, if warranted, order that the property be sold. In more serious cases involving a real breach of duty, beneficiaries can also seek to have the trustee removed. Because courts generally give some deference to a trustee's honest, reasoned exercise of genuine discretion, and because these applications require a real evidentiary basis rather than mere disagreement, beneficiaries considering this route should get legal advice on the strength of their position before proceeding.