in Deaths, funerals & probate
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My 78 yrs old friend who is a widow and suffers from vascular dementia. She can no longer lives in her own. She has got mutual wills and there is a clause that the house cannot be sold during their life time. It can only be sold after their death and the proceed go to the two adult children. I thought somebody might know the answer before the family contacts a solicitor. Thanks
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The key questions are:
1. who owns the house? and,
2. If one of the owners is a trust, what are the terms of that trust?
If a trust is a part owner and the trust documentation actually says that the house cannot be sold (unusual, but so are mutual wills) then I suspect that the only way to get it sold will be either for the trustees and beneficiaries of the trust to agree the sale or for another owner (e.g. the widow, if she does part own the house) to obtain a court order to force the sale.
Hopefully any trust ocumentation won't actually say that the house cannot be sold - as I said before that would be unusual - the wording of her husband's will would probably help clarify the actual position.