Q&As

A and B own land as tenants in common in equal shares. A has died and B is untraceable. A’s personal representatives need to sell the land. What are their options in this situation?

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Published on LexisPSL on 21/09/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • A and B own land as tenants in common in equal shares. A has died and B is untraceable. A’s personal representatives need to sell the land. What are their options in this situation?

In situations where it is unclear whether the untraceable tenant in common is alive or dead, see Practice Note: Missing persons and presumption of death. The following Practice Notes may also be of interest: Declarations of presumed death and The deceased died with no known relatives.

In respect of trusts of land, see Trusts subtopic: Trusts of land—overview, including:

  1. Practice Note: Buying property from a sole surviving co-owner

  2. Practice Note: Buying land from trustee

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