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Is Double Probate necessary here?

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  • Is Double Probate necessary here?

    Person A died in 2013. Her son B was the Executor, with power reserved for person C, his daughter. The executor B obtained Probate and dealt with initial issues, but died in 2023.
    Person A owned a part share of a property in which person C is still living. The majority owners of the property now wish to buy the family portion out, and person C is in agreement with this. However the money will needed to be distributed among several beneficiaries.

    Will it be possible to a) complete the sale and b) distribute the money without further ado, or does Person C need to obtain Double Probate?
    As Person C has health issues, she would prefer her brother to join her in getting the Grant. Can he do this? or will it just make for huge complications and delays? Can he just advise her informally? Can he open a bank account for this purpose?
    Tags: None

  • #2
    The simple answer is that whoever is going to sell the house will need to show that they have legal title to do this. So yes, probate will be needed.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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