Will probate be required?
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Discussion

Madmac70

Original Poster:

42 posts

173 months

Saturday 18th November 2023
quotequote all
Hi peeps.

A friend has has a relative die I the last week and is the nominated executor for the affairs.

The deceased lived in a modest flat worth circa £180k. This was owned on a part rent part buy basis and he owned 25% of the property.

Will probate be required? I am assuming so and am trying to advise my friend. I'm guessing the rent portion will have to be paid until the property is sold, but what if the deceased runs out of monies to fund this?

Thanks all

Mac

C69

1,042 posts

34 months

Saturday 18th November 2023
quotequote all
Here's a useful guide:

https://www.co-oplegalservices.co.uk/probate-solic...

Judging by what it says, probate is likely to be required to sell the flat. I'd suggest that your friend first checks with the company (?) that owns the other portion of the flat.

Also, is that the only asset? Some banks etc insist on probate before releasing funds. Again, if such accounts exist, your friend should check with each bank as to their requirements.

Pro Bono

681 posts

99 months

Saturday 18th November 2023
quotequote all
Yes, probate will be needed, as you can’t dispose of his interest in the flat without it.