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    • thestens
    • By thestens 11th Oct 16, 3:49 PM
    • 216Posts
    • 39Thanks
    Selling a flat as executor
    • #1
    • 11th Oct 16, 3:49 PM
    Selling a flat as executor 11th Oct 16 at 3:49 PM
    I have inherited a flat from my mum who died in Jan 15. As it is leasehold and they charge for name changes and also extra for selling, my solicitor advised not putting it in my name but leaving it in the estate's name, my husband and I are the executors. I inherited most of the estate, I have paid out to the other beneficiary. Therefore the funds from the flat when sold are mine. I haven't tried to sell it before as it was let but now the tenancy has ended I will put it up for sale. As executor, do I have to go about this in any different way to if I was the owner?
Page 1
    • notbritishgas
    • By notbritishgas 11th Oct 16, 4:14 PM
    • 1,968 Posts
    • 857 Thanks
    • #2
    • 11th Oct 16, 4:14 PM
    • #2
    • 11th Oct 16, 4:14 PM
    I presume probate has been granted?
    • Irratus Rusticus
    • By Irratus Rusticus 11th Oct 16, 5:46 PM
    • 130 Posts
    • 96 Thanks
    Irratus Rusticus
    • #3
    • 11th Oct 16, 5:46 PM
    • #3
    • 11th Oct 16, 5:46 PM
    Hi, sorry about your loss. In case you haven't read this, have a look at short guidance here:

    and here...

    Assuming, as advised above, probate granted or in hand, I'd hope your solicitor has already acquired copy of the lease (if not buy a copy from the land registry) to check what assignment clauses or fees may be recorded in the lease. Maybe all that is needed is for the buyer to pay a notice of assignment within x days of purchase but might need permission to assign.

    Otherwise I'd make sure ground rent is paid up to date and kept up to date while selling (avoiding legal fees or forfeiture action). Lease will tell you the amounts and when due. Then check for service charges due and paid while waiting to sell. These are payable whatever, unlike council tax.

    You will need to pay any management company for a 'sales pack', which is a standard rip-off but unavoidable and if the agent is not dealing with collecting ground rent you will have another fee to pay the freeholder to confirm ground rent up to date.

    Apart from that it's getting the grant of probate and cracking on, as far as I know.

    As you inherited in January 2015, presumably you have kept the lease's covenants ongoing and paid the GR and service charges so you'll know the score already.
    • G_M
    • By G_M 11th Oct 16, 8:22 PM
    • 36,397 Posts
    • 39,944 Thanks
    • #4
    • 11th Oct 16, 8:22 PM
    • #4
    • 11th Oct 16, 8:22 PM
    No it is a normal sale.

    Your solicitor will need to satisfy the buyer/buyer's solicitor (and the Land Registry) that you are entitled to sell the property which is registered in your mum's name.

    This is perfectly straight-forward:

    * death certificate (possibly) and
    * Grant of Probate.( definately)

    As you and your husband are joint Executers, you will be selling jointly so will both have to sign the contract etc, and will both have to be ID checked in the normal way.

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