Selling Property when Joint Owner has Lost Mental Capacity

When two or more people own land or a house together they are referred to as ‘trustees’ of that property.

If one or more of the trustees becomes incapable of managing their own financial and property affairs, they will not be able to sign any legally binding documents dealing with the property.

If the property needs to be sold, it will be necessary for a separate application to be made to the Court of Protection under the Trustee Act 1925 for an order appointing someone to replace the incapable trustee(s).

This is not something that will be dealt with under an order appointing a Court of Protection Deputy and so a separate application will usually need to be made in these circumstances.   

Our specialist Court of Protection solicitors can help with this process – please do not hesitate to contact us for advice regarding your situation.

Contact our team of expert solicitors to discuss your needs. We offer FREE first advice. Call our team on 0117 929 0451 or email

  • How do I sell jointly owned land/property of somebody who has lost capacity?

    When two or more people own land or a house together they are referred to as ‘trustees’ of that property.  If one or more of the trustees becomes incapable of managing their own financial and property affairs they will not be able to sign any legally binding documents dealing with the property.

    Consequently, if the property needs to be sold it will be necessary for a separate application to be made to the Court of Protection for an order appointing someone to replace the incapable trustee. 

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