ownership after death

Title MAN109031

hi, the property linked to the above title is still showing ownership Jill Knight (my late mother) 3 years after her death.  There is a UN1 lodged showing a third party interest (Paul Knight) as we are contesting my mothers will which she changed just before she died and we have concerns about her capacity.
My brother is an executor and will not engage with dialogue and despite the caveat he is trying to dispose of the property swiftly.  I don’t believe
my brother is acting lawfully.

can you confirm whether change of ownership has been applied for by my brother Adam Knight.

thank you
Paul Knight
Claire Bond

Copy title register

Claire - no application to transfer the legal ownership has as yet been submitted

Hi Adam, I got a letter from Weymouth advising that they will inform us if there are any applications to change ownership.  Has anything been lodged that will be identified during searches

Claire

Hi Claire - nothing has been lodged other than what is referred to in that letter from the Weymouth Office.
MAN109031

Thank you Adam.

You may or may not be able to answer my query, can a beneficiary who is also an executor and a trustee sell the property whilst the property is still in my late mothers name.  My brother knows very well that I am contesting the will but still went ahead to appoint an estate agent but didn't tell the agent that there is a 3rd party interest.

Claire - I can only answer from a registration and experience perspective and would suggest speaking to your legal rep for a full answer as to what's legally possible.
If a sole registered legal owner dies then the property forms part of their estate. Probate or Letters of Administration are then required to enable the named executor(s) to transfer the legal ownership to for example a buyer.
The property can always be marketed but as you always appreciate a buyer is not going to complete whilst there might be issues over the probate/letters of administration and/or a UN1 application pending against the title. 
An estate agent would not be concerned by a UN1 application pending as the expectation would be that is resolved prior to any actual completion. Most would query the legal right to sell though but again that may vary as the registered information is really a matter for the conveyancers/lender involved and not the Estate Agent