Deceased estate - voluntary first registration

Hello, I am the executor of an estate involving a house which is unregistered. There was a sale already in progress at the point of the death, which we want to continue. We do not have a grant of probate yet. Given the land is unregistered, the buyer’s solicitor is pushing for us to undertake voluntary first registration prior to a transfer. We think this is because there is a slight discrepancy between physical boundaries and the title plan in the deeds. All of the surrounding land is already registered, and from the maps the solicitor has sent the unregistered “island” of land seems to be accurate/the property based on physical boundaries. Can a voluntary first registration application be processed prior to receiving probate? My solicitor has a copy of the will and death certificate. There is one other executor. My solicitor has also managed to obtain the title deeds. I ask because timelines are quite tight, and the buyer’s mortgage offer expires early October. It would be helpful to get the first registration submitted prior to probate being granted. Thanks

Hello T L - you can submit the application now but you will need probate for it to then complete. I would suggest submitting it first and then requesting expedition once you have submitted the probate as well.