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Remove possessions before probate?

MrsPorridge
MrsPorridge Posts: 2,936 Forumite
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in Deaths, funerals & probate
Person A and Person B owned a home as tenants in common for the past 30 odd years.  There is no mortgage.  Person A has died and has left that share to person C.  Probate has been applied for.  Person B has some possessions at the property is Person B able to take his possessions before probate has completed?
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Comments

  • GrumpyDil
    GrumpyDil Posts: 2,206 Forumite
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    Yes person B is able to take anything that belongs to Person B. Is there likely to be  challenge to ownership of the contents? 
  • MrsPorridge
    MrsPorridge Posts: 2,936 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Thank you.  No definitely no challenge to ownership.
    Debt free and Keeping on Track
  • Keep_pedalling
    Keep_pedalling Posts: 22,438 Forumite
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    Yes, and they can take any of their jointly owned property as well (furniture, white goods ect.) 
  • msb1234
    msb1234 Posts: 625 Forumite
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    Where is B living? 
  • Hoenir
    Hoenir Posts: 7,742 Forumite
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    edited 9 December 2023 at 10:32PM
    The property sale cannot be completed until probate is granted.  
  • poppystar
    poppystar Posts: 1,749 Forumite
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    Hoenir said:
    The property sale cannot be completed until probate is granted.  
    Yes it can as there is a surviving tenant in common so he/she can sell as the legal owner - but I’m not sure that is what OP is concerned about. 
  • Hoenir
    Hoenir Posts: 7,742 Forumite
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    poppystar said:
    Hoenir said:
    The property sale cannot be completed until probate is granted.  
    Yes it can as there is a surviving tenant in common so he/she can sell as the legal owner - but I’m not sure that is what OP is concerned about. 
    They only remain the part owner though. 
  • MrsPorridge
    MrsPorridge Posts: 2,936 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Thanks all.
    Debt free and Keeping on Track
  • poppystar
    poppystar Posts: 1,749 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hoenir said:
    poppystar said:
    Hoenir said:
    The property sale cannot be completed until probate is granted.  
    Yes it can as there is a surviving tenant in common so he/she can sell as the legal owner - but I’m not sure that is what OP is concerned about. 
    They only remain the part owner though. 
    But they can still sell without probate.
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