Q&As

Where all legal owners of a property have died, how is unregistered land transferred to Will trustees?

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Published on LexisPSL on 19/05/2017

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

  • Where all legal owners of a property have died, how is unregistered land transferred to Will trustees?

Where all legal owners of a property have died, how is unregistered land transferred to Will trustees?

We have assumed that there are express trusts arising in the Wills, rather than absolute interests. We also assume that the intention is to transfer title to the trustees of both estates, rather than to sell the property.

It will, therefore, be prudent for each personal representative to appoint an additional trustee to allow for any future sale of the land. The power to appoint trustees will depend on the terms of the Will—see Practice Note: Trustees—appointment of trustees for further information. If the power to appoint additional trustees rests with the personal representative then the: Appointment by executor of

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