Mr A and Mrs B owned their house as Tenants in Common with a Form A Restriction registered against the Title. They had Wills which left the survivor of them with a life interest in the half share in the house of the first of them to die. Mr A died laving Mrs B with a life interest in his half of the house. No Grant of Probate was extracted in Mr A’s estate. Mrs B has now died and a Grant of Probate has been extracted in his estate by his two Executors. The house is being sold and the purchasers solicitor is insisting on a Grant of Probate being Extracted in Mr A’s estate. Is this necessary?
My understanding is that on the death of Mr A the legal Title vests in Mrs B. She would have been able to sell the house by appointing a second Trustee. On her death can Mrs B’s two Executors / Trustees not sell the house - if necessary by them appointing another Trustee?
Progressive Wills Ltd