swarb.co.uk

The person who has legal title is administering the trust, they are the trustees. They are the ones that would need to decide how best to invest the assets they have. The person who has 'equitable' or beneficial title, the beneficiary, would be the one that would receive the money from any sale or the income from any rent.

If the Trust document itself was silent, which it might be since it seems it would be a constructive trust, then the Trustee Act 2000 would set out the investment powers and requirements for the trustees.

'who can sell' is misleading. The only person who can sign a document for sale (who has legal capacity to sell) is the trustee. The trustees have a discretion (subject to the trust instrument) as to whether a sale takes place, but a majority of beneficiaries when all are adult have capacity to instruct the trustees to sell.

I didn't think it was a majority rather then all of the beneficiaries if they were sui juris.

Since telling the Trustee to sell would be a variation of the trust, and could go against some of the settlor's original intentions, in regards to remaindermen for instance, and under Saunders v Vautier it would require that all of the beneficiaries were sui juris and in agreement before they could vary the trust.

Selling does not necessarily involve varying the trust.

If the trustees are adult and competent, then in general the trustees have a duty to follow the wishes of the majority.

And you can of course sell your beneficial interest.