Probate granted - can you challenge ?

lentrix92

B must have signed over powers .....

RAS

B needs to understand that if they renounced they probably have no say in the sale. If they reserved powers, they may have a say but need advice

Mojisola

lentrix92 wrote: »

Reason being, a property is now being sold and was left to 2 peoples in a will.

RAS wrote: »

B needs to understand that if they renounced they probably have no say in the sale. If they reserved powers, they may have a say but need advice

If the house (as opposed to the money raised when the house was sold) was left to two people, then both would have to agree to its sale.

The executor should be putting the house into joint names and all decisions about its future should be joint ones.

Land_Registry

PennyForThem wrote: »

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.

Probate effectively gives the Executor the authority to deal with the property. The most common scenarios are to Assent it to the beneficiary, Transfer or sell it to a third party or register themselves as Executor on the title. See our online guidance for more details.

So we could not register anyone else as owner without the Probate confirming their authority to deal with the property.

It may help to check with the Probate service as to what, if any, procedures exist for challenging Probate although i suspect that they can only advise on what the processes are.

Challenging the appointment of an Executor and/or how they then deal with the property would most likely require someone to sit in judgement. As such it becomes a matter of law in most cases so a judicial process would be needed and legal advice obtained.

BobQ

Mojisola wrote: »

It depends on what the will says.

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?

lentrix92 wrote: »

B must have signed over powers .....

OP as you have been told it depends on what the will says and you appear not to know. You also do not know if B has renounced or not. So its all speculation.

If A has been granted Probate without B reserving power, A must follow the Will.

IF the WILL states PROPERTY is left jointly to A and B then:

A MUST AGREE with B how the property is sold and to whom and at what price.

IF the WILL states PROPERTY is entrusted to the Executor to be sold with the proceeds divided between A and B then:

A (as executor) can sell it for the best price he can get without B agreeing but then divides the net proceeds between himself and B.

But it depends what the will says. Unless you know there is nothing to add and if it says something else then that is what must be done.