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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I am inheriting a property from a relatives estate. The

Customer Question

I am inheriting a property from a relatives estate. The property is shared 'tenants in common' with my siblings. As only four names can appear on the land registry document we have been told to create a 'declaration of trust' before the solicitor will transfer the property. It is our understanding this is a nice to have and should not prevent the transfer of the property to the beneficiaries. There is a charge against the property and we have been told we need to pay this before the transfer. We were advised by a solicitor this was a separate issue and should not prevent the transfer. However the solicitor involved in the estate is insisting this is paid in advance. Who is correct?
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.

Hi, thanks for your enquiry. Could you please confirm why the Estate/the Solicitor has not already paid off the Charge?

Is there not sufficient liquid assets to pay it off? On the assumption this is the case, aren't all the beneficiaries in agreement that the Charge should be paid off? Last question- do you have a copy of the Land Registry title deeds to hand, by any chance?

I look forward to hearing from you. Al