• Probate Or Not

    By Guest on 21st Jul 2015

    I bought my mums house and at the same time she became the 99 year leaseholder. She has since died and I was the executor of her will and this was all sorted out a number of years ago. I spoke to my solicitor recently and he advises before I can sell the property I must now get probate to sort out the lease as this wasn't merged when my mum died. It seems like a sledgehammer to crack a nut; is there another way to expire the lease? My mum also had a wrinkle and everything was left to me anyway, does it make. A difference?

  • 1 Answers

    By Guest on 12/08/2015

    Did you not obtain probate when you acted as executor? If so then the same probate is still valid. If not then you will need to obtain probate now as the lease which is a legal estate in Land cannot be dealt with except by an executor appointed by the court which is what happens when probate is granted. The probate document will need to be produced to Land Registry before the lease can be sold or brought to an end.

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