Administrator selling farm

I

irishmoss

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A few years back my uncle took out grant of administration on his brothers estate who had no issue and no will made. It was discovered that the farm he lived on was never put into his name by our grandfather.
So technically, each sibling was entitled to one third of the estate at the time of death
Am I right in thinking that the administrator of our uncles estate could only transfer the uncles share on to himself and the other remaining brother? Would he be entitled to sell the entire farm without getting permission from the other brother?
 
Your uncle who died owned the farm or did not own the farm because it was not put into his name? So on the death of the grandfather each brother took a third and on the uncles dealt each remaining brother to a 1/6 share.

If he died with no will then the uncles land passed in equal shares to his brothers? So the intimate position is the same both brothers have half the farm.

Only difference is the date they acquired their share which may or may not work in their favour for CGT purposes.
 
Thanks Joe that is correct but does the brother administrating the estate of the third brother have the legal right under the grant of administration to sell the entire farm through the estate or is he obliged to register the property into both names and both then decide what to do with it?
 
Assuming @Joe_90's divisions are correct, the administrator owns half the farm, which he can dispose of. The other half belongs to his brother.
 
Thank you mathepac my father has dementia so I take it no one can sell his share? If the other person (administrator) want's to sell his share how can he? Can he subdivide the land?
 
This is case where you need to see a good experienced solicitor, as it raises the complex issue of Adverse Possession.

If your uncle had adverse possession of the land (i.e. held it for at least 12 years unchallenged and without paying rent etc) then it is likely that ALL of the land forms part of his estate.

Technically, you will end up with the same "ownership" result, i.e. your father and your uncle should receive 50% each. However, the CAT implications will be different.

If the farm was above the relevant Capital acquisitions Tax threshold the estate might have a legacy CAT liability.

Jim Stafford
 
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