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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My brother and I inherited our parents house when my mother

Resolved Question:

My brother and I inherited our parents house when my mother died last year, as she left no will we had to get probate, for convenience the solicitor left the house in my name, and it has been rented out for the last year. My brother now wants to buy his first property and I have taken a mortgage to buy him out.
My question is, how does he sell me his share?
Regards,
John.
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Who applied for probate please - i.e. who are the named executors on the grant?

Customer:

I am, I presume as the eldest brother.

Josh-2010 :

Have you seen a copy of the grant of probate? The executors who obtained probate will be named on it. Both of you as siblings have an equal right to apply but you don't have to both apply. If you are not sure for now - I can give you the position in either event.

Customer:

I didnt receive your reply?

Josh-2010 :

Sorry I think the site had a momentary wobble. I will repost...

Josh-2010 :

Have you seen a copy of the grant of probate? The executors who obtained probate will be named on it. Both of you as siblings have an equal right to apply but you don't have to both apply. If you are not sure for now - I can give you the position in either event.

Customer:

Hi, yes I was the executor, my brother lives in Scotland so it was me who signed for everything, and the house was put into my name at that time, for convenience.

Josh-2010 :

Thanks.

Josh-2010 :

Finally have you agreed a price for his share to date?

Customer:

The mortgage company are valuing the house and so we will go halves.

Josh-2010 :

Thanks.

Josh-2010 :

On the basis that you can reach agreement on the matter of price without difficulty from what you say the solicitors have already placed the house into your name. If that is the case then there is no further change that needs to be made to the legal title however your brother should sign a deed transferring any and all equitable interest he may have in the house to you in consideration of your payment to him.

Josh-2010 :

This will ensure you can evidence that your brother no longer has any equitable interest in the property should he ever question this in the future. If there is any restriction on the title in the Proprietorship register this may need to be removed but this will be done by the solicitor that acts in connection with the remortgage for you.

Josh-2010 :

As executor however you have full authority to deal with estate assets subject to the terms of the will. Your brother will have no involvement with the legal title unless the property has been transferred into his name which is not the case from what you say.

Josh-2010 :

Is there anything above I can clarify for you or help you with any furhter?

Customer:

I just wanted to clarify this point before proceeding with the mortgage, you suggest that we will both need to employ a solicitor to deal with this sale?

Josh-2010 :

Only you will need a solicitor if it is you getting a mortgage. Your brother may choose to use one but he is not obligated to do so.

Josh-2010 :

As you are both family if you agree and he wants to use a solicitor it is possible for him to use the same solicitor as you though if he lives in Scotland English solicitors may be reluctant to act for him. However he doesn't need one unless he wants one in any event.

Customer:

So who provides the deed you mentioned earlier?

Josh-2010 :

Either the solicitor that may be acting for you in connection with probate and the estate or the solicitor you employ to assist you with the mortgage. It is effectively a receipt for the money you pay him and an acknowledgement by him that he no longer has any interest in the property. You can do without it but it would be best practice to have a clear signed deed by him in this respect to preclude the possibility of any claim in the future.

Customer:

Yes I understand. Thanks for your help, I feel much more confident now, having this information has made things alot clearer.

Customer:

Kind regards,

Customer:

John

Josh-2010 :

A pleasure. If I can help with anything else as the process goes on please don't hesitate to revert to me,

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

Customer:

Ok will do.

Josh-2010 :

Many thanks

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