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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My brother has grant of probate on our fathers property. When

Resolved Question:

My brother has grant of probate on our fathers property. When our father died there was a charge on the property of around £18,000.00. The local authority are know asking for their money. I have been led to believe that my brother can without registering the property with land registry in our names, simple sell the property, transfer it into the new owners name and the solicitor will deal with any debts on the estate, and take care of our inheritance under the will. I would greatly appreciate any advice . Christine Tipping
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
It would indeed be normal for the Executor, your brother, to sign the Contract for Sale and Land Registry transfer, transferring the property to the Buyer. This can all be done without your brother registering himself as Executor on the Land Registry Deeds, as the Buyer is able to proceed provided his Solicitor has received a copy of the Probate from your brother's Solicitor.
Upon completion of the Sale, your brother's Solicitor will be under a duty to pay off the amount owing under the Charge, and will then take your brother's instructions as to who should get what from the net proceeds of Sale. Your brother can therefore request that you receive a cheque representing your entitlement.
I hope this assists you and answers your question.
Kind Regards
AL
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