Same solicitor for family house sale??

Emmo245

My niece and I are executors for my late brothers will which includes a house. Myself and two sisters are beneficiaries.
It's agreed that my niece will buy the house and my question is - Can we use the same solicitor to do the conveyancing? We've got probate, it's a freehold property, no mortgages, cash sale, everyone happy, so just a straightforward sale, with solicitors needed for the legal bit

Mossfarr

Why don't you phone around a few solicitors and ask for quotes? They will soon tell you if they can handle both purchase and sale simultaneously.

Tiglet2

You won't be able to use the same solicitor - it's a conflict of interests, but you might be able to instruct two solicitors working at the same firm.

G_M

Emmo245 wrote: »

Can we use the same solicitor to do the conveyancing? We've got probate, it's a freehold property, no mortgages, cash sale, everyone happy, so just a straightforward sale, with solicitors needed for the legal bit

Why are solicitors needed at all?

Niece gives you the money.

You transfer the property into her name.

Sorted.

You need:

* TR1
* ID1
* AP1

Read:

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

If the proprty had an existing mortgage, or the niece was taking out a mortgage, or the property was leasehold, or unregistered, my advice would be different.

(is it registered? Check here for £3)

I also assume all Beneficiaries as well as executors are happy with the price Niece is paying. You do NOT want one of the Beneficiaries later saying they should have received more as the property was worth more.........

getmore4less

potential issue is the purchase is by an executor and may fall into self dealing territory.

If the beneficiaries and other executor are happy who is is going to complain?

PokerPlayer111

G_M wrote: »

Why are solicitors needed at all?

Niece gives you the money.

You transfer the property into her name.

Sorted.

You need:

* TR1
* ID1
* AP1

Read:

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

If the proprty had an existing mortgage, or the niece was taking out a mortgage, or the property was leasehold, or unregistered, my advice would be different.

(is it registered? Check here for £3)

I also assume all Beneficiaries as well as executors are happy with the price Niece is paying. You do NOT want one of the Beneficiaries later saying they should have received more as the property was worth more.........

Awesome

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Tom99

[FONT=Verdana, sans-serif]The niece should take as much care buying this house as she would any other house, survey, legal investigations etc.[/FONT]