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Posted Mon, 26 Jun 2023 15:33:18 GMT by Richard Miles
I and my three siblings (two brothers and a sister) took a registered charge over our mother's house to secure a loan that we made to her.  The house is now being sold and we will need to release the charge.  Sadly, my brothers, Tom and John, have both now died.  I understand that my sister and I, as the surviving mortgagees, cannot give a valid receipt for the mortgage but the PRs of our brothers' estates will need to be a party to the mortgage discharge.  I have (or can obtain) death certificates for both brothers but I believe that there is no Probate or Letters of Administration to John's estate.  
It may be that John's widow has been able to deal with his estate without obtaining a grant of representation (if, for e.g., all assets were jointly owned and passed by survivorship).  I am very reluctant to tell his widow that we need a grant for this one specific purpose - quite apart from the fact that this is likely to delay the sale for a number of months before Letters of Administration are issued by the Probate Court.
Is there a practical solution to this?  Thank you
Posted Tue, 27 Jun 2023 06:15:16 GMT by Adam Hookway
Richard - the charge does not form part of your late brothers's estates so you would not need probate or letters of A for them. You don;t state where your understanding came from but the discharge can be completed by the surviving siblings, namely yourself and your sister. An official/certified copy of the two death certificates would be required to confirm their deaths and why just two of the named lenders are discharging the charge
Posted Tue, 27 Jun 2023 07:49:32 GMT by Richard Miles
Adam - that is very good news and thank you for replying so promptly!
Richard 

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