Trust for sale dispute.

[Lmcol]

I’d be hugely grateful for any advice on our situation.

my partner and his mother are both 50/50 owners of the farm business of the land, and are trying to negotiate a split.
We have been told the farm is held in a ‘trust of sale’. We have barely started the negotiation process of the division of land.
After one letter being sent each way, we have received a letter threatening that she will put the farm for sale on the open market unless we agree to the terms she wants. So far no negotiation process.

How can I find out if she has the power to do so without our consent?
we have offered mediation and offered to cover her side of the costs in order to come to an amicable resolution, but she can still refuse this.

[echat11]

Hi LMCOL

I can't answer directly, but here's some information - https://www.legislation.gov.uk/ukpga/1996/47

des8 Can you please take a look and advise, many thanks.

[des8]

In a "Trust for sale" the trustees must sell the asset and hold the proceeds in trust for the beneficiaries.
If the assets include land it is treated as a "trust of Land" and the trustees may postpone the sale.

Do you know who the trustees are?
Was the trust set up according to a will? If so the will should have set out the terms of the trust.

If mother & son are the trustees (altho' from your post that sounds unlikely) they must agree . If they cannot, the matter might have to be settled in court which is an expensive game to be avoided by both sides.