Friday, December 10, 2010

Can 2 of 3 beneficiaries of a will sell land without the express permission and signature if the 3rd ?

my uncle and aunt have sold land left to them and my mum without her permission.

I guessed they would need the signatures of all the children since it was left to all of them.

they approached my mum some years ago, but she wanted to hold onto the land as other family lived there.

Also if the sale has/ has not gone through what action can I take from England (the land is in jamaica) to stop the sale or to clarify the amount of sale and the persons authorising /

i think this may have been helped by a dodgy cousin working at a bank there.

if any one has any knowledge of the way things work there it would really help.


No,2 beneficiaries of a will can not sell land that was left to them in that will if there is also a 3rd beneficiarie!

It shouldn't be possible. You will need to get a Solicitor so they can make the right legal applications.

I'm no expert on Jamaica, but no, they can't legally sell it without her consent. I would contact them and let them know you're on to them. If they are trying to scam your mum out of what is hers, it is a criminal act. Call a lawyer in the area and ask for their opinion. If they have already done it, you can file criminal charges, as well as a civil suit. The criminal charges are easy enough from England, but you have to have representation for the civil case (in person, or retain an attorney). So much for family... Sorry and good luck!

had the same thing. my two sisters tried to sell my mum and dads house that had been left to 3 of us.

after legal advise i discovered that all 3 signatures were needed.

the only way round it is to offer a cash settlement before you try to sell to the 3rd party. then the land will be split between the 2 remaining beneficiaries

No, they can NOT do that. Something is wrong. You need to contact a legal worker/lawyer and stop this.

You (your mother) needs to contact a lawyer with experience in estate law and overseas (Jamaican) law ASAP! Everything is "dodgy" when dealing with overseas transactions like this and especially in the Carribean countries, where they tend to "conveiently forget" certain laws (especially if "greased"). Move quickly, or you and your mother will lose out.

No they can't.If the Land was left to all of them,then they all needed to sign a letter.Was this left to them in a will? Who was the main person named,normally the eldest child/living relative.If your mum didn't want to sell,they couldn't do it without her concent,as she would have to agree in writing.I would suggest checking with a solicitor,on where you stand.

My nan passed away this year,and she had a couple of insurance policies,my mum had to get written permission of my aunts and uncles to go ahead with claiming the policies,as it was easier for only one person to sort out the paper work.

So whatever happened,your mum would've had to sign a release of some sort.

Hi Purple,

This is interesting because it depends on a lot of things.

In UK law normally all three signatures are required unless there are very exceptional circumstances. How the law in Jamaica works I don't know but if anything goes to appeal it is heard in the UK courts in the Privy Council.

You need to contact a solicitor in Jamaica to find out how the law there works. If they use UK law and Uk jurisdiction.

If this is the case and they sell the property without consent then the transaction is illegal.

Sorry I can't be of more help.

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