The following Property Q&A provides comprehensive and up to date legal information covering:
Trustees often wish to exclude liability as they enter into the transaction (in this case a transfer) personally. Whether this is accepted by the buyer is a matter of negotiation. Here, the risk for the second trustee is likely to be minimal as they are simply selling a single asset and so they may be persuaded to drop this requirement. The buyer needs to know that the trustee has been duly appointed and can accept receipt of the sale proceeds in order to overreach any equitable interests.
In deciding how to proceed, the following may be considered:
where there is a for
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