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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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A relative (My late husbands Niece) is being obstructive

Resolved Question:

A relative (My late husbands Niece) is being obstructive to the conclusion of the sale of the property left in its entirety to me by my husband, it is a very big property and at 83 years I no longer feel able to cope with its upkeep including the one acre ground in which it stands.
She has a 'Caution/First Registration' on the property and until now has not been willing to withdraw the caution to enable to sale to proceed although she is a beneficiary under the terms of my husband's will to the tune of 50% of the surplus following the sale and settling of accounts etc. My Lawyers firm are trustees to my husbands will which involves the sale of the property.
My Question:
Can my husband's neice obstruct the sale indefinitely on the grounds of hold out for a greater share and, as Trustees can the Lawyers use their discretion and force the withdrawal of the caution to enable to sale to go ahead.
The purchaser will not wait for ever and I am worried the contract which is ready to be signed may pull out
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

On what grounds did she lodge the caution?
Customer: replied 3 years ago.

I can only surmise she wanted to be sure of getting what was due to her but her share has been taken care of in my husband's will and so far a I am concerned his wishes will be honoured

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You may apply for for cancellation of the caution using form CCT which is a free application to make.

http://www.landregistry.gov.uk/_media/downloads/forms/CCT.pdf

The trustees may also speak to your late husbands niece to withdraw the caution on the grounds that it is obstructing proper administration of the estate and giving her an assurance that her interests will be taken care of in accordance with the provisions of the Will by the trustees.

Hope this helps
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX is appreciated however, should she continue in this manner has the Trustee, in this case may lawyer the power to override her and seek to have the caution withdrawn.

Expert:  UKSolicitorJA replied 3 years ago.
No, the trustee does not have the power to override her, only the courts have this power.
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