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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23348
Experience:  Senior Partner at Berkson Wallace
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I am a executor of my dads estate and I would like to know

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I am a executor of my dads estate and I would like to know how to register a charge on a probate property? I would like to do this soon to restrict selling and buying, until the beneficiaries have received their shares. London UK
I hold the grant of probate

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

I have been asked to look at this for you. If you are the executive of the estate, then you are in control of the selling of the property and therefore I cannot see what the problem is because even if there is another executive, it would require all the executors to sign all the paperwork.

You actually have no right to put a charge against the property but there is no need.

Is there another problem?

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J, Solicitor
Category: Law
Satisfied Customers: 23348
Experience: Senior Partner at Berkson Wallace
Stuart J and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks, ***** ***** get back you
Customer: replied 6 months ago.
My dad brought this property about 2/3 years after getting married.
*My dad remortgaged his flat to raise the initial 50k deposit for the property. The property he put in his wife name(to help raise credit).
They were both living in the property at the time of my dads death (They were going through seperation but this was never officially went through as he died whilst that was in motion).
*My dad's estate has gone through probate.
* I am the sole Executor and his will states he has a 60% share in the property & his personal belongings and his ex/wife can have 40% and all the furnishing, fixtures and fittings.
* My dad's will states that his 60% share should be divided by his 4 daughter's, the beneficiaries.
What is the best way to proceed? as I am trying to get all the funds from the estate together.
Customer: replied 6 months ago.
I thought I would give you an overview to help understand my situation.

Thank you for the extra information.

If his wife is still living in the property with her 40%, it is unlikely that you would be able to get her out to sell the property.

You could make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act if she refuses to sell let the judge decide how long she would be entitled to live in the property bearing in mind it was the matrimonial home.

If however she agrees, then it needs both your signature as the executor of the estate and her signature is the co-owner in order to be able to sell the property. Neither of you can sell without the other.

So the crux of the matter is, whether she is an agreement to sell or not.

If you have probate and she is an agreement to sell, then just put the property with a local agent and instruct a solicitor to do with the conveyancing. Absolutely straightforward.

I still can’t help thinking that there is more to this unless you are anticipating the problem which actually isn’t a problem.

Customer: replied 6 months ago.
Thanks for your swift response.
I think I am anticipating a problem which might not be there.
I will get back to you in due course.

I am glad to help. Unless there is something else you haven’t told me, then I think you are indeed anticipating a potential problem which doesn’t exist. A lot would depend on what the stepmother decides she wants to do.