House sale and death

vivvov

Hello All
The situation is my Uncle authorised sale of his house due to entering a residential home. An Estate Agent was selected and about to be instructed but Uncle unfortunately became ill, entered hospital and has died.
My mother has held full Power of Attorney for my Uncle and is also an named Executor.
The house is empty and mum does not live nearby so is hoping that she can instruct the Estate Agent to market and sell my uncle's house.
Is she allowed to continue to undertake this process?
Thanks in advance.

getmore4less

The POA has lapsed.

As a named executor(with agreement* of all named executors) the process can continue(authority comes from the will).

on the assumption the uncle was the sole owner.

There will be issues as it is very rare for someone to proceed to exchange without the grant and can't complete without it.

depending on the complexity of the estate and the initial estimate of time to obtain a grant a delay in full marketing may be worth considering.

If there is any doubt the will is valid or there might be problems with the obtaining the grant there is the potential for anyone instructing EA to have some liability.


in most cases it is a matter of timing and keeping potential buyers in the loop.

There is the secondary assumption the beneficiaries are not going to cause problems.


* in practice EA often don't care they will market anything someone seems to own by having keys and access, best to get agreement.

Momlovessavingmoney

This is a really good answer!! :money: