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  1. J

    Bequeathed house dispute, auction or buy out other party.

    Raphael, The issue isn't the will as written, it is that your brother cannot be compelled to negotiate with you to sell to you and the law states that he can apply for an order to sell. If this happens the sale will be in the hands of other people. Possibly you see this as a matter of...
  2. J

    Bequeathed house dispute, auction or buy out other party.

    If your brother goes to court seeking an order to sell it will be granted. There will be cost as statutory trustees for the sale will be appointed. If you try and contest the order for sale costs will be likely to be awarded against you. Dazz is correct - accept the will as it is written...
  3. J

    Bequeathed house dispute, auction or buy out other party.

    In a casse of joint ownership as you and your brotherw ill have after the trustees transfer the property either owner can apply to the court for an order to appoint trustees to sell: Section 66G conveyancing Act 66G Statutory trusts for sale or partition of property held in co-ownership...
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