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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A property is left to two people one holds 60% the other 40%

Resolved Question:

A property is left to two people one holds 60% the other 40% .Can the person holding 40% or the executors force the sale of the property to ensure they are paid out.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, has the property been transferred into the names of the 2 beneficiaries? I take it that the one beneficiary has already asked the other beneficiary if they would consider buying him/her out? Kind Regards Al

Customer: replied 1 year ago.
The property is has not yet been transferred, the person with the larger percentage cannot afford buy the other out but will not give permission to sell property. the property is still being dealt with by executors
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply. Provided the property is transferred into the names of the 2 beneficiaries (you can request that the Executors attend to this), either of them can apply to the County Court for an Order for Sale. This would of course have to be the last resort as Court proceedings aren't cheap, but this threat can of course be used as a tool to hopefully make the other beneficiary see sense and agree to a Sale. I hope this assists and sets out the general legal position to you. Kind Regards Al

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