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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10606
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If 2 people are named in a will as beneficiaries, can one sell

Customer Question

If 2 people are named in a will as beneficiaries, can one sell the house without the 2nd one agreeing to it
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please give me a little more information? Who are the Executors of the Will?

Is the property empty, and is it just the 2 people who are benficiaries of the house?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hi

I do not know who the executors are as I do not have a copy of the will.

The property is empty and I my sister and I are the beneficiaries , having half each left to us. However she has had it valued and placed on the market as from Monday without ever discussing anything with me.

Is she allowed to do this?

I await your reply

Thankyou

***** *****

Expert:  Aston Lawyer replied 2 years ago.

Hi Christine,

Thanks for your reply.

It is up to the Executor(s) named in the Will to decide whether any property is sold or not, depending on what the beneficiaries want to do. You do really, therefore, need to see a copy of the Will to see who the Executors are. Unless your sister is the Executor, she has no legal entitlement to put the property on the market!

Looking ahead, if you wish to retain the property and your sister wants to sell it, then the following scenarios can happen-

1. You buy your sister out of her half share (by raising a Mortgage or paying her cash if you have it) and then the property is transferred to you.

2. If there is a dispute about whether th eproperty is sold or not, your sister can ask The Executor(s) to register you both as the new owners of the property,as joint owners. Once this registration has taken place, your sister is entitled to apply to Court to obtain an Order for sale- ie she could demand that the house be sold.

3. You agree for a Sale to take place.

Therefore, if your sister is adamant that the property be sold, unless you are willing and able to buy her half share, she could force a sale, although it would mean her having to go to Court.

I hope this helps you and set sout the legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,
Can I assist you any further?

Kind Regards

Al