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Probate and solicitors/specialists

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  • I am named beneficiary. I have been left a property but now executor wants it sold. Can he sell on my behalf as I was going to keep it for now.
  • Savvy_Sue
    Savvy_Sue Posts: 47,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It depends what the will says: if it says "my property at 99 Icecream Avenue to be sold and the proceeds given to bally" then that is what the executor should do. If it says "I leave my property at 99 Icecream Avenue to bally" then I believe it should not be sold. 

    However there are potential complications if it's not possible to fulfil all the bequests. 
    Signature removed for peace of mind
  • noclaf
    noclaf Posts: 977 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Op here, a question on my father's will . The will was created 15-20 years back. I contacted the firm who it appears helped my father draft the will and am awaiting their response. if no original version of the will can be located what implications does this have? We only have copies at this stage and the executors of the will are using this documentation when discussing the estate matters with banks and other financial institutions. I am wondering if not having an original copy is a showstopper for probate or are there ways around this? As a reminder my father's estate will be comprised of cash and a share of a property, whilst we don't know exact values we have a clear view on exactly what is in the estate and where so relatively speaking it's a straightforward estate to deal with...we hope.
  • noclaf
    noclaf Posts: 977 Forumite
    Part of the Furniture 500 Posts Name Dropper
    xylophone said:
    Property is tenants in common

    The value of your father's half share will need to be reported on the probate forms.

    Presumably you will record your proprietorship at the  Land Registry with Form A restriction as your mother remains a tenant-in -common
    Hi,
    Op again, ref to the last paragraph above; once IHT is sorted and probate granted how would I go about updating the deeds/record proprietorship with the land registry.
    Could I do this myself or only the executor or will a solicitor be required?
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