• Tenant In Common, Deceased Sale

    By Guest on 05th Oct 2023

    I am an executor & beneficiary of my late father's estate.
    My father owned his house as a tenant in common with his cousin (2/3 ownership).
    His cousin has moved out and wants to sell, as do all the beneficiaries.
    Can I, as the executor, handle the sale and hire a conveyancing solicitor? Or does the surviving tenant have to do it and account to the deceased estate for their share? Or perhaps we both have to use a solocitor for each share in the property?

  • 1 Answers

    By Guest on 20/12/2023

    Hi, The legal title now vests in your father's cousin and it is he or she that has the power to sell the property. As executor, you only control your father's beneficial interest. The cousin will need to conduct the sale and will need to appoint a "trustee" in place of your father, to overreach his beneficial interest. He will be legally obliged to ensure that the correct sum is paid over to you, for you to distribute. Anyone can be appointed as trustee bit it makes sense for it to be you. To be clear, you have no authority in your capacity as executor to sell the property or to execute any deeds in connection with the sale

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