Do all executors have to sign Land Registery?

SCAT2012

Hi

Hoping for a bit of advice.

A relative is one of two executor's for an estate. There is a property which has been left to only one of the executor's (the other executor had already had their share year's ago).

Probate has been granted, can the executor who has inherited the property apply for the property to be transferred into their name with Land Registry on their own or do both executor's have to sign any documentation?

DVardysShadow

The executor who inherits would be foolish to do this own their own. It is the kind of thing which might easily be undone if the other executor complains.

Are there difficulties?

SCAT2012

Things have not been very amicable which is the reason for asking.

DVardysShadow

SCAT2012 wrote: »

Things have not been very amicable which is the reason for asking.

In which case, all the more reason to involve the other executor. Is the will entirely clear about what must be done or is there some 'understanding' in place which means things should be done differently?

SCAT2012

The will says that the executor who has inherited has free title to do whatever they like with the house and land.

The problem arose in that there is a piece of land at the top of the property which two neighbours have been very interested in purchasing, one has offered a lot more money that the other, BUT the executor who does not inherit does not like this person at all having had dealings with them in the past and is not keen to sign any documents for the land sale. In fact they have been actively avoiding it.

Solicitor has said the best thing is to get the name transfered then they cannot interfere, it has already resulted in a large legal bill which the inheriting executor is liable to pay. So they were wondering if they could DIY without the other signee being needed.

rosyw

I don't think the executor that hasn't inherited has any say in it. Once any debts have been paid and the estate distributed in accordance with the will, the executor who hasn't inherited has nothing further to do with the property. If you have inherited the property and land you don't need it transferred into your name in order to sell, just provide the solicitor handling the sale with copies of the certificate of probate and will.

SCAT2012

The solicitor says both executor's have to sign the sale contract. This was done once then the buyer wanted changes made to the contract and a new one has to be signed the other executor is doing avoiding tactics and emotional blackmail.

Richard_Webster

If two executors applied for probate then they will be named on the grant of probate and both must sign the documents to sell or transfer the property.

If although two were named in the will only one actually obtained probate then only that one will need to sign.

SCAT2012

Richard_Webster wrote: »

If two executors applied for probate then they will be named on the grant of probate and both must sign the documents to sell or transfer the property.

If although two were named in the will only one actually obtained probate then only that one will need to sign.

Thanks for your help. Yes, both executors are on the grant of probate. Not the news they wanted to hear.