Probate Property: Who is responsible for maintenance?

getmore4less

Are you are the only legal owner left?

if you are then the others get no say in the sale they only have a beneficial interest in the property as trustees(executors) of the estate that had the other beneficial interest.

You can sell the property without the grant just the death certificate.

it may be there are other legal owners for example if you owned 3 ways with your dad at some point and dads 1/3 went into a trust for mum.

The question is why are you waiting to sell?

MoistTowelette

Our solicitor said Grant of probate would be needed to sell because we are tenants in common? I think I got that right

Exodi

MoistTowelette wrote: »

Our solicitor said Grant of probate would be needed to sell because we are tenants in common? I think I got that right

So with that being the case, I'm not fully convinced it's fair you should be able to live in the property (rent free) and not be encumbered by the maintenance costs.

It would probably be easier to swallow if you weren't living in the property and contested paying the maintenance costs but in this situation I can certainly see whether the other beneficiary is coming from.

From a practical standpoint, all of you with be losing far more than the cost of maintenance arguing this through solicitors...

EDIT: It's also avoided me (perhaps because I'm not set to ever gain an inheritance) why people who are set to earn £XXX,XXX free money seem to always argue over relatively minuscule bills.

getmore4less

MoistTowelette wrote: »

Our solicitor said Grant of probate would be needed to sell because we are tenants in common? I think I got that right

A lot of people inc solicitors seem to get that wrong.

It is not what the land registry says rep says regularly on these forums.

here is a recent one

https://forums.moneysavingexpert.com/discussion/comment/75878962#Comment_75878962

If you and your mum were the only legal owners then you are the only remaining one and can sell with just a death certificate to remove mum.

you will need a second person to act as there will be a form A restriction but that can be anybody.

I would be putting that in front of your solicitor that could have cost you a year of wasted time selling or just get on with it and have another solicitor do the conveyancing.