Common problem; property posers Your legal questions answered by RICHARD BATTRICK.
Q My sister and I own two investment properties. My sister has stipulated that, on her death, her property should be sold. This would have a serious impact on my financial position. Can the executors of her will compel me, against my wishes, to dispose of my share of the properties at the same time as my sister's? A Probably not. Under a tenancy in common the signature of both owners is required in order to sell the property. When a co-owner dies, the surviving owner will normally add the deceased's personal representatives to the title as co-trustee. But there is no obligation for the surviving owner to do this. The personal representatives could sue the surviving owner for breach of trust, but this is highly unsatisfactory. You should discuss this with your sister and perhaps give each other rights over the properties until the death of the survivor.
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|Publication:||South Wales Echo (Cardiff, Wales)|
|Date:||Apr 10, 2014|
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