Selling and inherited property

sparkiemalarkie

Hi my siblings and I are selling the family home that we inherited from our parents.
2 siblings are executors 2 aren't.

When instructing a conveyancer who needs to sign the documents?

My brother - not an executor - has instructed the conveyancer. The executors are pretty disinterested and not competent, but will not stand down.

We are spread all over the world and was trying to work out the best way to get signatures if we all need to sign.


tia


sparkie

00ec25

it depends whether ownership is still recorded in the names of the deceased parents or whether it is now in the names of each sibling?

if still owned by the deceased then only the executors have the legal authority to sign the sales contract for the property itself.

Although anyone can sign an EA contract or indeed pay for any of the other costs associated with selling the property - but they are the ones who have to pay it if the executor then refuses to refund them the cost

https://www.thegazette.co.uk/all-notices/content/100719

sparkiemalarkie

00ec25 wrote: »

it depends whether ownership is still recorded in the names of the deceased parents or whether it is now in the names of each sibling?

if still owned by the deceased then only the executors have the legal authority to sign the sales contract for the property itself.

Although anyone can sign an EA contract or indeed pay for any of the other costs associated with selling the property - but they are the ones who have to pay it if the executor then refuses to refund them the cost

https://www.thegazette.co.uk/all-notices/content/100719

Thank you so much for the quick answer....

Another question. If there are 2 executors do they both need to sign paperwork?

tia

sparkie

getmore4less

The only time sigs are required are to sell the house(contracts and land reg).

That will be any living owners or administrators of the estate if no living owners.


EA will take instructions from anyone, they charge whoever instructed them(It could have been anyone even me).

sparkiemalarkie

getmore4less wrote: »

That will be any living owners or administrators of the estate if no living owners.

Oh gosh I'm confused.


So as a non executor I guess I am neither an administrator or an owner.
So, do both executors need to sign the paperwork or only one?


sparkie

Tom99

sparkiemalarkie wrote: »

Oh gosh I'm confused.


So as a non executor I guess I am neither an administrator or an owner.
So, do both executors need to sign the paperwork or only one?


sparkie

That depends who has been granted probate, if both executors applied for probate then both will need to sign.

Thrugelmir

sparkiemalarkie wrote: »

The executors are pretty disinterested and not competent, but will not stand down.

Suggest that they seek professional help to assist them. Perhaps the whole situation is daunting for them.

Thrugelmir

sparkiemalarkie wrote: »

When instructing a conveyancer who needs to sign the documents?

Somebody with the legal authority to act on behalf of the estate.

00ec25

sparkiemalarkie wrote: »

Thank you so much for the quick answer....

Another question. If there are 2 executors do they both need to sign paperwork?

have you tried google?

if you do, you hit a reply on an MSE thread from a well known previous contributor on MSE, so I rather think that answer is definitive:

12th Sep 12, 3:43 PM
If two executors applied for probate then they will be named on the grant of probate and both must sign the documents to sell or transfer the property.

If although two were named in the will only one actually obtained probate then only that one will need to sign.

RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any

https://forums.moneysavingexpert.com/discussion/4174465/do-all-executors-have-to-sign-land-registery#8