Q&As

Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?

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Published on LexisPSL on 30/10/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?

Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?

We refer you to COP GN2 Guidance on the sale of jointly owned property, which explains that when two or more people own real property together, they are referred to as the trustees of that property. If one or more of those trustees becomes incapable of managing their property and affairs, they will not be able to sign any legally binding documents dealing with the property. If such a property is to be sold, an application will need to be made for an order appointing someone to replace the incapable trustee, or trustees.

Where there is a continuing trustee, or trustees, an application needs to be made to the court under

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