Second charge on title, Help please.

Hi, 

We are currently 11 weeks into purchase of 33 Brookside, West Coker. BA22 9AD. 

there is a historic charge on title placed on by family member who passed roughly 2007. Who’s estate passed to spouse who also passed a couple of years ago. 

executors of this estate do not currently have grant of probate. 

Would HMLR remove this charge? They are plannning on putting in an application will Certified copy of the will naming executors, Letter of discharge from executors and letters confirming loan will be paid on completion of sale. (No proof it was paid many years ago) 

our solicitor had doubts HMLR will remove without grant of probate. 

any advise/help would be amazing as we are not sure how long this could go on? 

thanks 

Hi Casey - simple answer is No. The legal charge forms part of the deceased's estate so probate is required.
Estates can pass on inheritance but they are not dealt with legally until probate is obtained and the executor then deals with the estate for example transfers ownership of the legal charge to the beneficiary.
If A owns the charge and dies. B is their executor and dies. Then probate can be obtained for B to create what's known as a chain of representation - the executors for B can then discharge the legal charge and submit copies of both probates to confirm the 'chain' 
If A died and probate was not obtained then probate is now needed for A and the executor can then discharge the legal charge
Nothing changes simply on inheritance - probate is required