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I have been asked to look at this for you. If you are the executive of the estate, then you are in control of the selling of the property and therefore I cannot see what the problem is because even if there is another executive, it would require all the executors to sign all the paperwork.
You actually have no right to put a charge against the property but there is no need.
Is there another problem?
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The thread does not close and I am happy to answer any questions you may have arising from this.
Thank you for the extra information.
If his wife is still living in the property with her 40%, it is unlikely that you would be able to get her out to sell the property.
You could make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act if she refuses to sell let the judge decide how long she would be entitled to live in the property bearing in mind it was the matrimonial home.
If however she agrees, then it needs both your signature as the executor of the estate and her signature is the co-owner in order to be able to sell the property. Neither of you can sell without the other.
So the crux of the matter is, whether she is an agreement to sell or not.
If you have probate and she is an agreement to sell, then just put the property with a local agent and instruct a solicitor to do with the conveyancing. Absolutely straightforward.
I still can’t help thinking that there is more to this unless you are anticipating the problem which actually isn’t a problem.
I am glad to help. Unless there is something else you haven’t told me, then I think you are indeed anticipating a potential problem which doesn’t exist. A lot would depend on what the stepmother decides she wants to do.