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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am buying a property. On the draft contract the sellers are

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I am buying a property. On the draft contract the sellers are recorded as executrix of the deceased owner. I have been sent a copy of the Grant of Probate but not the will. Surely I need to have a sight of the will to establish that the sellers are actually the Beneficiaries as well as the executrix, and that the property was not in fact left to athird party?

A WIll becomes a public document once probate is granted so you may ask for a copy of the Will to be also sent to you.

Usually,the original Probate or an official copy together with identification documents of the executors are sufficient e.g. photo ID and proof of their address.

Hope this helps
Customer: replied 4 years ago.

Thanks, XXXXX XXXXX irrespective of the executrix proving their identity, they can't sell the property if it has been left to a third party in the will?

No, they cannot sell the property if it has been left to someone else. If this was the case, they would not be selling the property to you and you may assume that they have the right to sell it under the Will. The executors would be in trouble with the law if they were trying to sell a property without proper authority to do so.

As I said, the Will is a public document now that probate has been granted, so you may ask for a copy of it to see for yourself that the executors have the power to sell it.

Hope this clarifies and good luck with your purchase. I am assuming you have a Solicitor or registered Conveyancer acting for you whose duty it will be to check all this out anyway.

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