• My House Is Held In Tenants In Common,my Husband Died 8 Years Ago It Has Just Been Realised That Probate Wasnt Applied For I Have Appointed A 2nd Trustee And Completed A Tr1 Form Will This Over Reach The B3 Restriction

    By Guest on 03rd May 2020

    i am in process of selling my house im told probate is difficult after 8 years

  • 1 Answers

    By NotaryExpress on 04/05/2020

    Probate can be applied for anytime; it's not unduly harder after 8 years. I haven't seen the restriction at entry B3 of the title register for your property so I advise you show your conveyancer and ask them. Assuming it is a Form A restriction then yes providing your husband's name has been removed from the title (e.g. with a DJP form) you should overreach the restriction by appointing a co-trustee.

    www.notaryexpress.co.uk

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