Can a Deed of variation be cancelled after a grant of probate has been given using it

Mojisola

linda44 wrote: »

Can she sell the house?

Whose names are on the deeds at the Land Registry?

linda44

I probated mother's half share of the house in 2006
Father and I were executors but in 2010 father died. I'm the only executor for half of the house which belongs to 4 of us not including Jane.
Can she sell the house?

linda44

My father and mother's names are on the deed of the house. They owned it as tenants in common.
I probated mother's half share of the house in 2006
Father and I were executors but in 2010 father died. I'm the only executor for half of the house which belongs to 4 of us not including Jane.
Can she sell the house?

Yorkshireman99

linda44 wrote: »

My father and mother's names are on the deed of the house. They owned it as tenants in common.
I probated mother's half share of the house in 2006
Father and I were executors but in 2010 father died. I'm the only executor for half of the house which belongs to 4 of us not including Jane.
Can she sell the house?

Not unless it is in her ownership.

linda44

Thank you Yorkshireman99. At least I may be able to sleep tonight.
Any advice would be useful. Any links that I should read?

Yorkshireman99

linda44 wrote: »

Thank you Yorkshireman99. At least I may be able to sleep tonight.
Any advice would be useful. Any links that I should read?

When you say you "Probated" the wills do you mean you obtained probate and then distributed the estates?

Mojisola

linda44 wrote: »

My father and mother's names are on the deed of the house. They owned it as tenants in common.

Yorkshireman99 wrote: »

When you say you "Probated" the wills do you mean you obtained probate and then distributed the estates?

I don't understand why the house is still in the parents' names if the estate was distributed after the first death.

linda44

Mojisola wrote: »

I don't understand why the house is still in the parents' names if the estate was distributed after the first death.

Though I received a grant of probate I did not re register it, as dad still lived there and owned half.
So I could not distribute it as I would have had to force a sale and did not want to uproot my father.

Mojisola

linda44 wrote: »

Though I received a grant of probate I did not re register it, as dad still lived there and owned half.
So I could not distribute it as I would have had to force a sale and did not want to uproot my father.

You should have 'distributed' the estate by changing the ownership at the Land Registry.

As things stand, your mother's estate isn't finalised, despite it being 10+ years since her death.

linda44

Jane is living in the house. She does not want to follow the deed of variation, that she set up, in order to get all of dads cash and shares which she was entitled to, which she has now spent. She claims she has no money. As I've mentioned she has never worked, She won't move out of the house. She has been living there for 6 months now, rent free, What should I write to her, before I try to replace her as an executor, via court? We want to get the builders in as its in a terrible state, having been empty for 4 years and the neighbors were complaining.