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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister, brother and myself jointly own a property left in

Resolved Question:

My sister, brother and myself jointly own a property left in trust to us in 1980 by my late father, with my mother having a life interest in the property. On her death in March 2014 we put the property on the market and quickly found a buyer. My name and my late mothers name are those on the deeds to the property. We engaged the services of a solicitor to carry out the conveyancing and he initially said that I alone was able to sell the property. He then changed this to include my sister who is an executor of my late mothers estate. At the eleventh hour he then said that we would also require the agreement of my brother to finalise the sale. My brother, who has made a financial claim against my mother's estate, is refusing to agree to the sale (via his solicitor) unless my sister and I agree to settle his claim. Where do we stand?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who were the Executors of your father's Will and who are the executor's of your mother's estate (or is it just your sister?)
Clare
Customer: replied 2 years ago.

My late mother and myself were executors of my fathers will. My sister and myself were named as executors of my mother's estate. My sister dealt with the probate and suggested that I reserved my powers in order to avoid the need for me to travel to London or Birmingham to swear an oath at the appropriate offices. It later transpired that I would not have been required to do that. My sister has also appointed herself as executor of my fathers estate in my mother's place. I would also like to inform you that there was a fourth sibling who predeceased my mother without issue but was still alive at the time her will was drawn up. She is not specifically named in that will.

Expert:  Clare replied 2 years ago.
Hi
In fact since you are the surviving executor of your father's estate your sister cannot take your mother's place - that would only happen if there were no other surviving executors.
Since you can sign as Executor for your father and your sister can sign as Executor for your mother and since the house would have been left on a Trust for Sale there is no requirement for your brother to agree to the sale - unless he is in fact living at the property in which case you will need to take legal action to evict him first
If the house was not left on a Trust for Sale then you would need to apply to the court for an Order for sale and claim the costs of the application from your brother.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi thanks for your answer. Is trust for sale the same as trust for land

Expert:  Clare replied 2 years ago.
Hi
Not quite
It depends on the wording of the Will itself
Clare
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