Is probate needed?

S

Stan Cronin

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I've agreed a price to buy out all the shares in a house. Currently the house is technically owned by my father and my two uncles one of which passed away in recent times.

The house was originally my grandmothers. Her will was put through probate. But the deeds of house are still in her name. As solicitors said it woukd be better for a future sale paperwork wise.

The problem arises with my late uncles share of house. His share was never put through probate and put into his wife's/my aunts name.

The question is if house is still in grandmothers name and my dad was executor of will. Since a price has been agreed with all parties could propery be bought without my late uncles share going through probate?
 
Ummm.

That's a great mess altogether! What does your own solicitor say?

As executor, your father could sell to you but who is going to deal with the distribution of your late uncle's share? Who will give a receipt for that share? If Probate is needed for your late uncle's estate anyway, it might make sense to wait for that.

mf
 
My two brothers are the executors of my mothers will. Do they need to kept the rest of the family informed on what they are doing or can they just go ahead and sell the house
 
That's not a lot to go on!

There's usually a big, long, fraught history behind queries like this which, if set out in an abbreviated form, always helps in trying to offer a helpful answer.

In family situations it is, of course, courteous, and usual, to keep the family appraised in general terms. However, when its all just argy bargy, accusations and tense stand offs, perhaps the executors are better off just doing what they're doing?

Without a framework, no-one can really answer your question properly but I'd go with a yes, as a starter!

mf
 
I assume the rest of the family are beneficiaries, but if not then they definitely don't need to be advised. Was there any stipulation in the will as regards selling the house? Dh was told by our solicitor that, as executor, he could sell the house without 'permission' from the other beneficiary.
 
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