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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A and own a property that is registered. A dies and there

Resolved Question:

A and B own a property that is registered. A dies and there is a trustee restriction. There is no grant of probate but can B appoint her own trustees to overcome the trustee restriction?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi again,

You are indeed correct. The legal title has passed to A, and so that a sufficient receipt for Sale monies can be given to the Buyer, A merely needs to appoint a second Trustee in the Land Registry Transfer, and this second Trustee will just need to sign the Transfer together with A. A's Solicitor could be this second Trustee.

I hope this helps.

Kind Regards

AL

Customer: replied 3 years ago.

Thank you. So for the avoidance of doubt the grant of probate for A would not be required?

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Correct- Probate is not required for the Sale whatsoever.

Kind Regards

AL

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