Mr A died having been separated from his wife Mrs B. They owned a property together which was severed prior to his death. In his will he left his share of the property to our client to hold on trust for Mr A’s son.
Situation is a little difficult as Mrs B is son’s mother and being the owner of the other share of the house, which she lives in with son, doesn’t see why we have any involvement.
We initially asked her to agree to a transfer of the property into joint names with my client as the trustee but she is refusing.
We are entitled to the equitable title but would that be sufficient for a court to order the transfer of the legal title to us as trustees.
If so what is the process and if not what other options are available?
Graham & Rosen