Who Has The Legal Right To Sell House

Mojisola

rg1820x wrote: »

Because she didn't hand over the keys, the trust solicitor threatened to gain access to the flat.

Because the trust is part owner of the property, the solicitor should have been able to get access and so would need a copy of the keys. He should not be given all the keys.

xylophone

Your late FIL owned a house in his sole name. His dying partner had a son ( but no assets?) of her own - nevertheless she " wanted him seen right" as the saying goes.

You say that FIL " signed over" half the property. Do you mean that he signed over half the property to his dying wife and that her will set up a Trust such that FIL would have a life interest and her son would benefit when FIL died?

Or do you mean that FIL placed half his property into a settlor interested trust that gave him the right to live in the property as long as he chose/until death and then the half share would be used to benefit the stepson?

What evidence has the Trust solicitor produced that he has the right to manage the sale of the property?

bris

There may very well be a legal agreement for the trust solicitor to sell the flat, but as you said you have taken legal advice. I suspect this legal advice wasn't what you wanted to hear so came here for a second opinion, not one any one here can give.


Final word of warning, a legal battle will get very costly and will come out the estate, think twice before you go down a legal route you will regret.

rg1820x

xylophone wrote: »

Your late FIL owned a house in his sole name. His dying partner had a son ( but no assets?) of her own - nevertheless she " wanted him seen right" as the saying goes.

You say that FIL " signed over" half the property. Do you mean that he signed over half the property to his dying wife and that her will set up a Trust such that FIL would have a life interest and her son would benefit when FIL died?

Or do you mean that FIL placed half his property into a settlor interested trust that gave him the right to live in the property as long as he chose/until death and then the half share would be used to benefit the stepson?

What evidence has the Trust solicitor produced that he has the right to manage the sale of the property?

That's a pretty good assessment of the situation.
Half the property was signed over 6 months before she died and her half was in her name before she died.
I don't know how the trust was set up.

He has produced no evidence. He claims he is the sole surviving tenant in common. All he has produced so far are threats. Hence my belief we should complain to the SRA regarding his aggressive behaviour.

rg1820x

bris wrote: »

There may very well be a legal agreement for the trust solicitor to sell the flat, but as you said you have taken legal advice. I suspect this legal advice wasn't what you wanted to hear so came here for a second opinion, not one any one here can give.

Yes. Was hoping someone had come across this situation before.
As said before, OH has decided not to take legal action.