Tenants in common - no grant of probate for one side and restrictions

[Guest]

Hi I wonder if anyone can help/confirm please. My father in law die ten years ago and he and my mother in law were tennants in common and had mirror wills. After he died his share of their house was held in trust - everything else was willed to her. She then remained in the house until her death recently. There is a restriction on the title deeds that says RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court. There are three siblings and two of which are executors - one has got a grant of probate for mother in laws estate but not father in laws. The house has now been Sold STC - am I right in thinking this sale can not go through unless there has been a grant of probate for the father in law? I see a letter of administration is sometimes used - would that apply here to get the restriction lifted? We took legal advice and were told she couldnt sell the house without grant of probate for their father but it all seems to be pushing on regardless.... thanks in advance

[AJBDW20]

Tenants in common - no grant of probate for one side and restrictions

Yesterday, 14:25:PM




Hi I wonder if anyone can help/confirm please. My father in law die ten years ago and he and my mother in law were tennants in common and had mirror wills. After he died his share of their house was held in trust - everything else was willed to her. She then remained in the house until her death recently. There is a restriction on the title deeds that says RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court. There are three siblings and two of which are executors - one has got a grant of probate for mother in laws estate but not father in laws. The house has now been Sold STC - am I right in thinking this sale can not go through unless there has been a grant of probate for the father in law? I see a letter of administration is sometimes used - would that apply here to get the restriction lifted? We took legal advice and were told she couldnt sell the house without grant of probate for their father but it all seems to be pushing on regardless.... thanks in advance