• Second Trustee For The Sale Of A Deceased Person's Property

    By Guest on 12th Mar 2021


    We are currently in the process of selling my deceased mother's home as part of the estate for which we have probate and are at the point of exchange on a sale. My deceased brother was on the deeds of the property and not removed after he died. He died in 2016, intestate and without issue, and my mother died in 2019. She was his next of kin so whilst they were tenants in common, his share of property would have automatically gone to her as he had no will and no children or surviving parents and cohabited with my mother for all of his life at the property. As executors, we drew up a statutory declaration stating these facts to facilitate the sale. However, our buyers solicitors have now demanded we appoint a 2nd trustee, not related and with no interest in the estate. We have found such a person, but have been issued with a bundle of documents with legal implications to the person signing that seems to suggest liability and also ownership, neither of which we feel we can burden a non family member with. OUr conveyancers have told us they can provide the documents but refuse to give us any legal advice. Can you please clarify for us the situation this puts us in, what implications there are for the 2nd trustee if they sign, and if this will always be the case even though we have a statutory declaration legally witnessed.
    Many thanks
    Clare Taylor

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