Probate - Tenants in common re bungalow

getmore4less

Our other question concerns that sale of the property. Originally, Dad owned the property, and this was transferred to the four of us as stated above under a DoV. As three of the four tenants in common survive currently, can anyone confirm how we go about selling it please. i.e. Does probate grant us access to mum's quarter to allow us to sell it on her behalf, or do we each somehow inherit a third of mum's quarter each ending up with a third of the property each? We are a tad confused as to how the sale process will work if mum is not around to agree the sale of her quarter. Aty the point of selling the bungalow, if we have probate, presumably it won't be an issue?

You won't need probate to sell the house.

The 3 survivors can do that.

If you plan to sell you can just get on with the job.

Technically the 1/4 beneficial share should go into the estate and be distributed by the administrator but since the three left over legal owners own a third each and inherit a third of the 1/4 in the estate you just keep 1/3 each and the estate becomes a paper exercise.


It may be that if all the other assets can be liquidated without a grant you won't need one.


That does not address the IHT/CGT situation surrounding the DOV.

Yorkshireman99

Whatever the case the three parties all need independent professional advice from an IHT specialist, not unknown, though well meaning, amateurs. The average high street solicitor will not have the necessary expertise.