Skip to main content
Posted Fri, 07 Jul 2023 14:51:42 GMT by Helen Young
My Grandma died in 2012. My dad and my brother were executors and trustees of the will with my dad being the sole beneficiary. My dad inherited her house and lived in it and probate was granted.
My dad died earlier this year and his will leaves the same house to my brother, me and my 2 sisters. We have received probate of my dad's will.
Will this chain of representation be enough to change the name to a new owner when we sell the house or, because my brother was named as an executor on my grandma's will also, do we need another probate? And, if so, how do we get that?

Thank you
 
Posted Fri, 07 Jul 2023 15:33:57 GMT by Nimish Patel
Helen - You would need to query this with your legal advisor.  It would not be appropriate for us to comment if the representation is satisfactory without having had sight of all the relevant documents. 
Posted Fri, 07 Jul 2023 17:49:02 GMT by Helen Young

I meant to say, the house was never changed over from my grandma's name, so it is still registered in her name. That's why there is confusion. 

Posted Sat, 08 Jul 2023 07:17:29 GMT by Adam Hookway
Helen - it can be confusing when people 'inherit' but the executor(s) don;t transfer the legal ownership to them. 
A chain of representation can be achieved but it can be complex to work out especially if there were multiple executors appointed.
So if Grandma was the sole legal owner of the property when she died then probate is required. If both her executors have died then the the executor of the last surviving executor also becomes the executor of the original testator.
If I have read your post correctly your brother was also Grandma's executor and is still alive so he should be able to rely on the probate for Grandma and sell the property. The property after all has never left her estate as her executors did not transfer it.
It can be confusing and as my colleague stated it's not for us to advise on how wills, probates and estates are dealt with as they invariably involve much wider matters than registration. An example of that is how a family deals with inheritance of a property and who lives in it, neither of which involve HMLR

You must be signed in to post in this forum.

Sign in