Can I sell my parcel of land if one of my co-owners has died?–The Times
Partner Gareth Ledsham has responded to a reader’s question about the sale of jointly owned land following the death of one of the co-owners, where the deceased’s will makes no reference to the property and the beneficiaries live overseas.
He advises that the first step is to establish how the land is owned, as this will determine whether the deceased co-owner’s share passed automatically to the surviving owners or forms part of the estate. If the land is held as tenants in common, the deceased’s share will pass under the will regardless of whether the property is specifically mentioned, and the executor’s involvement will be required before a sale can proceed.
While it is fine to have preliminary discussions with the surviving co-owner about a possible sale, if the property is held under a tenancy in common it would be a good idea to write to the executor named in the deceased co-owner’s will at an early stage.
The article is available to view at The Times by subscription only.
About Gareth
Gareth Ledsham is a partner in the trust and estate disputes team specialising in contentious trust and probate matters, acting for both claimants and defendants in disputes involving wills, estates, property ownership and mental capacity. He also has particular expertise in Court of Protection work and cross-border matters involving civil law jurisdictions, and is fluent in French.
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