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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My mother has recently died and left me and my two brothers

Resolved Question:

My mother has recently died and left me and my two brothers as executors of her will. She has a leasehold flat to sell and approx. £11K in the bank (including a savings bond that has just matured worth about £10K). Can I take charge of the sale of the property and the other assets with my brother's consent, but without probate?
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.


Thanks for your question.


If your mother's owned a flat then a grant of probate will be required in order to transfer the property from her name (ie. to a purchaser). The Land Registry will not register the transfer without it and the purchaser's solicitors will expect to receive a copy as part of the pre-contract package once the sale has been agreed in principle and pass to respective solicitors. Info here:-


The institutions may allow the assets she holds to be released to you with your brother's consent but it depends on the value of the assets and the institutions particular policies on the matter.


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