Both tenants in common deceased

Hoping you can please clarify.

We are in the process of purchasing an unregistered property. The first tenant in common passed away 2 years ago, leaving a will listing the sons as executors. The second tenant in common has now passed away and probate has been obtained for their estate.

Our solicitor believes that a grant of probate will be required for the first deceased, in order to complete the first registration after purchase, however the sellers solicitor believes that the probate for the second deceased, along with a copy of the will of the first will be sufficient.

Will probate be required for both previous owners in order to register the property once the sale is complete?

Rebecca - you should be relying on your own legal advice here and expecting the solicitors to decide on what's required. We can't offer such legal advice.
From a purely registration perspective, and if the property was already registered, we wouldn't require probate for the first deceased joint owner. The legal ownership, which we register, doesn't form part of the deceased's estate so the deceased's executors wouldn't play any part in completing a Transfer of the property. We would however need a copy of the death certificate to confirm death or, if they had obtained probate for some other reason a copy of that as it also proves the death has happened.
The legal ownership passed to the surviving joint owner and as they have now died does form part of their estate and probate for them is therefore required. Their named executor(s) can then deal with the property, namely in this case sell it.
The tenants in common (TIC) aspect you refer to relates to their beneficial, not legal ownership, So that may need to be dealt with depending on the probate granted.
If the required probate names two or more personal representatives (executors) and they both sell and execute the transfer of legal ownership then that should be fine as the TIC aspect does not catch the transfer. You don;t mention how many executors there are re the second probate or whether the first deceased's beneficial share had been left to someone other than the other joint owner. Those two facts are key as to what may be required and hopefully your solicitor can consider and explain further for you.

Thank you.

The first deceased left her share of the property to the other owner, and will listed 3 sons as execs.

The second deceased has has probate granted and the same 3 sons are execs.

My solicitor confirmed the sale would be absolutely fine, is concerned purely about the first registration with the land registry, and whether a probate for the first would be required by the land registry.

If I understand correctly, as the first deceased left her share to the remaining owner, and the same 3 execs are dealing with the sale, only the death cert for the first, and probate for the second owner would be required to register the property after purchase?

Thank you again
 

Rebecca - that would be my understanding also with regards how you have explained matters