Can you exchange/complete prior to Grant of Probate?

28th May 2019

My father is deceased and I am sole beneficiary and executor of his estate.  My parents were divorced and thier property is held as Tenants in Common.

My mother and I do not talk yet she has informed the Estate Agent that she can exchange before probate.

CATEGORY: Conveyancing & Property


1 answer
  • ISC Lawyers LLP

    The tenancy in common means that your mother had a half share in the property prior to your father's death, so he had only a half share to leave you. However, as sole executor, only you can contract for the sale of the property, as the conveyancer acting on the sale should know. You should inform the agent accordingly.

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    ISC Lawyers LLP

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