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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my mother gave her house to myself and my brother- so that

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my mother gave her house to myself and my brother- so that I could continue living there - if we sell the property we need to give my sister a third share of the sale - we have obtained probate now but the solicitor recommends that the transfer at the land registry be to all three of us equally as tenants in common. Could my sister force a sale if this is the case? We were to make a will each to specify giving her a third share when either of us passed away - which is the best option to allow me to live in the house and sell when I choose too?
Hello and thanks for using Just Answer.

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

If the property has already been transferred to you and your brother, I am not clear why the property is mentioned in your Mother's Will? Why is the Solicitor suggesting that it be transferred into the 3 names?

If you could let me know.

Customer: replied 3 years ago.

The property has not yet been transferred - probate granted last week following her death in January. instruction in the will was that she gave the property to my brother and myself on condition if we sold it we gave a third share to my other sister. I need to live in the house so if the property is transferred to all 3 names equally can my sister ask me to buy her out or force a sale before I am ready to sell? I thought we could register in 2 names and cover her share in our individual wills?

Hi Carole,

Thanks for your reply.

If the property were to be transferred into the 3 names as Tenants in common, then your sister could demand a Sale at a later date (albeit she would have to take Court proceedings to achieve this).

If the Will does only state that your sister is entitled to a one third as and when the property is sold, as far as I see it, the correct thing would be for the property to be transferred into yours and your brother's names, with a Charge being registered against the property in favour of your sister, so that as and when the property is sold she gets her one third share, and the Charge would protect her interest as such. By you agreeing to put a suitable proviso in your Will would not be sufficient to safeguard the legal position for your sister.

I hope this answers your question, and sets out the legal position.

Kind Regards

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