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Posted Sun, 28 Jul 2024 15:44:18 GMT by Jonathan Bryning
Our mother died recently and I am an executor of her will, alongside my two brothers. The three of us are named beneficiaries of the estate, in equal shares. The estate includes a registered property and held on trust, following the settlement of our late father's estate: as to one sixth for each of us three brothers, and one half by our late mother.

One of my brothers has said he does not want to inherit any further share of this property, preferring to receive a cash amount equivalent to the share's value, being derived from other assets within the estate and which is possible under the terms of the will and the apportionment of 'equal shares'.

Furthermore, the same brother would like to sell his existing one sixth share of the property to me and my other brother for an amount equivalent to his share's value. The money for this purchase would be put up equally by myself and my other brother once our late mother's estate's other assets are apportioned.

All three of us are in agreement about the approach which we intend to result in the property being owned by just myself and my other brother, held on trust, as to one half for each of the two of us.

So, to my question: can the transfer of the title, in accordance with the desired outcome of all the above, be effected by a single application or must there be two, successive applications: one for the transfer in dealing with our late mother's estate and a second to buy our brother's share?

I expect I will have additional questions, depending on the answer to this first one, but won't make it any more complicated at this stage by trying to anticipate things.

Many thanks,

Jonathan
Posted Mon, 29 Jul 2024 05:38:23 GMT by Adam Hookway
Jonathan - a single transaction. Most executors/beneficiaries will do as you have indicated and once they have decided who the legal ownership is to be owned by they then apply to register that with a transfer/assent as appropriate.
See our online guidance for assistance and specifically the part re 'buying out another beneficiary' for example

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