ChatterBank2 mins ago
Will inheritence.
If somebody in a will has been left property to buy at half the market value and that money divided between other beneficieries can the property be transfered over to that person before the money is raised so that they can sell it to raise the funds. Please answer.
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It will depend on the precise terms of the will and the powers that the executors have. Broadly speaking, at law, what you have is an option to purchase. The executors could transfer it to the person on the understanding that the sale proceeds will be transferred to the estate if they have the power to do so. Theoretically it might make sense to do this since the person could purchase it at "half market value" which is only an estimate - the true market value can only be ascertained when the property is actually sold. The fundamental problem I see with this is unless it is expressly allowed for by the Will, the executors are committing a devastavit in allowing the property to be assented to the person without receiving the sale proceeds. It may be that if this person is unable to raise the funds, the beneficiaries get more (since they get the full market value of the house) so they are unlikely to consent. I would be inclined to seek legal advice - the terms of the will will be decisive here.