Question of the week: In what circumstances can a property be sold without a grant of probate/grant of letters of administration?

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Published on: 20 March 2024

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This Q&A considers whether a property can be sold without a grant of probate/grant of letters of administration.

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Jurisdiction(s):

United Kingdom

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Question of the week: A married couple H and W with no children were British nationals living in South Africa when H passed away intestate. A local solicitor obtained the equivalent of letters of administration in South Africa and W was H’s sole beneficiary. W moved back to UK and died appointing her brother as her executor. H had UK assets and a grant is required in the UK to deal with his assets. Who should obtain a grant to deal with H’s estate in the UK and what form should it take?

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Letter to residuary beneficiary enclosing interim estate accounts

6 Q&As

Does section 103 of the Finance Act 1986 prevent the deduction of a liability where the subject matter of the loan had been redirected by the deceased (borrower) to the lender children under a deed of variation (in circumstances where the husband leaves property to wife, who redirects it to their children, who loan it to her)? How are lifetime gifts by the borrower to the lender treated?
How can a person who holds shares in a private limited company contractually agree terms with a third party which provide for the transfer of such shares for no consideration upon the earlier to occur of: (a) the passage of a specified period of time; and (b) that person’s death?
In a claim against an estate for monies owed under a child maintenance order representing unpaid maintenance payments going back more than six years, do the usual limitation periods apply or does the CSA or child maintenance service have any regulations relevant to this scenario?
We are dealing with an application to the Court of Protection for approval to all past and future care payments and retrospective approval of a gift. We need to serve the application and supporting evidence to all persons named in the application. Which of the application documents need to be sent to the people to be served?
What is the definition of ‘intermeddling’ in an estate? Can an executor make a claim against the estate for either proprietary estoppel or under the Inheritance (Provision for Family and Dependants) Act 1975 without renouncing their executorship? Can an executor, before the application for the grant, appoint an attorney to act on their behalf to allow them to pursue those claims?
Where a nil rate band discretionary trust is created by Will, but following the testator’s death the executors (who include the testator’s surviving spouse) consider it is not necessary or useful (because the estate is within the nil rate band in any case), what document should they use to bring it to an end? Who will need to sign the document?

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