Trusts of land on death of T in C


(Caroline Brooks-Johnson) #1

I have a situation where H and W own as T in C. W has died. H has lost capacity and I am his deputy.
I have a C of P order under sec 54 Trustee Act which states that H does not have capacity to act as trustee and which appoints me and M (who happens to be W’s executor) as trustees in place of H.
I am completely happy with all of this - sale by 2 trustees and overreaching of beneficial interests. Job done.
However… we have sold the property and the buyer’s solicitor does not believe that overreaching is going to happen and is asking for a court order authorising sale, a copy of the grant in W’s estate and a copy of her Will. We have quoted the Land Registration Act until we are blue in the face, sent copies of Practical Law on the subject and they just won’t budge.
We are at the stage where the only way this matter is going to progress is for the buyer to change solicitors but quite understandably she wants to believe her solicitors are correct. Our word is clearly not enough.
Is there anyone who can reply to this (and who wouldn’t mind me forwarding the email) confirming that overreaching will occur and the buyer’s solicitors will get good title for their client with what we have supplied?
Thank you in advance
Caroline Brooks-Johnson
Inheritance Law


(svm) #2

The solicitor acting for the buyer should know better BUT a way round the problem may simply be to transfer the property (i.e at the land registry)to the new Trustees who can then sell.

I appreciate that such transfer should not be necessary but it should remove the issue.

Stephen McNally

Hartlaw Llp