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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10456
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am writing to enquire about the options for settling my

Resolved Question:

Hello,I am writing to enquire about the options for settling my late stepfather's will.I have Lasting Power of Attorney, and am also named as executor of his will.I would like to check the following with you:There are two beneficiaries of his will, myself and my stepbrother.
The house, the main item in the will, is currently jointly owned; 50% by my late stepfather, and 25% each by my stepbrother and my self.Can I as partial owner, and with my stepbrother's consent ( to which he already agrees) sell the house now, or do I need to have the property deeds made over to my stepbrother and myself as equal share owners, and then put it on the market?If the house ownership needs to be renamed as belonging to my stepbrother and myself, on the property deeds, would I need to apply for a grant of probate in order to do this, or could I just ask a solicitor to act on our behalf?Would I need to obtain a grant of probate for any of this process?Finally, because I normally live in the house, is it legally permitted to delay the sale of the property for three or four months while I make alternative living arrangements? This is agreeable to my stepbrother.With thanks and regards,Nick Morley
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.

Hi Nick,

As the Deeds are in your 3 names, you and your stepbrother are free to sell the property, without requiring to obtain Probate or changing the Deeds into your 2 names, provided you distribute stepfather's 50% on completion, in accordance with his Will.

If your step brother is happy to wait, you are free to delay the Sale to enable you to make alternative living arrangements.

I hope this assists, and if so, I would be grateful if you could rate my answer.

Kind Regards


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Customer: replied 9 months ago.
Thanks Al.