Probate granted - can you challenge ?

lentrix92

Once probate has been granted, is it then possible to challenge this ?

Reason being, a property is now being sold and was left to 2 peoples in a will. After a long delay, 1 of the parties (A) has now been granted the probate and is in the process of selling.

Can the other party (B) stop this sale, even though they would receive the proceeds on an equal split basis ?

I have an understanding that party B may want to purchase the property themselves but have not been forth coming in previous dealings and have only now reacted as party A has found a separate buyer .......

Any thoughts much appreciated ......

Mojisola

lentrix92 wrote: »

Once probate has been granted, is it then possible to challenge this ?

Reason being, a property is now being sold and was left to 2 peoples in a will. After a long delay, 1 of the parties (A) has now been granted the probate and is in the process of selling.

Can the other party (B) stop this sale, even though they would receive the proceeds on an equal split basis ?

I have an understanding that party B may want to purchase the property themselves but have not been forth coming in previous dealings and have only now reacted as party A has found a separate buyer .......

Any thoughts much appreciated ......

If the will says that the property is to be given to A and B, A shouldn't sell it, even if A is an executor.

If the will says that the executor, A, should sell the property and share the proceeds with B, A can sell it to whoever offers the best price.

lentrix92

Why can A not sell even if they have been granted the probate?

PennyForThem_2

If probate granted the will is in the public domain and you should be able to request a copy.

I would also check with land registry as to whether you can put house into name of yourself and the other person who it was left to assuming that the will did not say must be sold.

RAS

lentrix92 wrote: »

Why can A not sell even if they have been granted the probate?

Who exactly is the executor? A, B, A and B, or neither of them?

Mojisola

lentrix92 wrote: »

Why can A not sell even if they have been granted the probate?

Probate gives an executor the authority to deal with the will.

If the will says "the house is to be given to A & B", then A can't sell the house without B's agreement.

lentrix92

Both are executors.

Mojisola

lentrix92 wrote: »

Both are executors.

Mojisola wrote: »

Probate gives an executor the authority to deal with the will.

If the will says "the house is to be given to A & B", then A can't sell the house without B's agreement.

They both still have to comply with the terms of the will.

What exactly does the will say about the house?

lentrix92

i am unsure tbh, i would imagine jointly left to both parties, any any proceeds split 50/50.

Long and short.

If A wants to sell (and holds the probate), and B didn't. Can B stop the sale ?
Also, can A force the sale?

Mojisola

lentrix92 wrote: »

i am unsure tbh, i would imagine jointly left to both parties, any any proceeds split 50/50.

Long and short.

If A wants to sell (and holds the probate), and B didn't. Can B stop the sale ?
Also, can A force the sale?

It depends on what the will says.

rpc

lentrix92 wrote: »

Both are executors.

So how did A obtain probate without B renouncing or reserving power?