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Buachaill, Barrister
Category: Law
Satisfied Customers: 13378
Experience:  Barrister 17 years experience
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Thank you for your reply. Here is a comment from my regular

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Thank you for your reply. Here is a comment from my regular conveyancing solicitor"However, if there is only now a sole executor, in some circumstances, a second trustee will need to be appointed to sell a property as s.27 of the Law of Property Act 1925 prohibits a sole executor from giving a valid receipt and a second trustee may therefore be required to overreach the beneficial interest."The property is residential, registered at the land registry, and purchase price is £320,000.Could you please comment

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  This is a correct summary of the law where there are beneficial interests to contend with.  As the summary says it is necessary "in some circumstances".  These are where there is a beneficial interest which needs to be overreached.  If this is the case in your situation, then you should appoint a second executor.  Again you should clarify this with the solicitor and see if this is a necessary step in the situation you are dealing with as the solicitor will have a better idea of the exact circumstances surrounding your situation.  This deals with beneficial interests which are not on the title deeds.

2.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Buachaill and 2 other Law Specialists are ready to help you

3.  Be aware that two executor or administrators may be asked for by a purchaser to ensure the beneficial interests are overreached.  So, you should consider appointing a second administrator for the purposes of the sale of the property.  This is to ensure the estate gives good title to the property.

Customer: replied 9 days ago.
I am now looking into appointing a second administrator. Thank you

4.  You are welcome.  Glad to be of some assistance.