Probate refers to the process of managing a person's estate after they die. If you've lost a loved one it is already an emotional and stressful time – managing their legal affairs on top of this can add an extra burden.

Our solicitors have extensive experience handling both the transfer and sale of property after a person's death. We can advise you on:

  • Grant of Probate – you need this to sell the property
  • Deed of Assent – to transfer the property

Probate conveyancing can involve different procedures to other property transactions. Many people for example don't realise that they need a Grant of Probate in order to sell the deceased's property.

There may be disputes with the Will that need to be addressed, as well as any debts outstanding that the sale of the property is intended to deal with. It can be a complicated process and you need the right advice on hand to guide you through it.

Call today for a no obligation consultation on 0370 1500 100 – or fill out our online enquiry form.

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Helen Hutchison
Helen Hutchison Partner & Chartered Legal Executive Meet The Team

Probate Sales and Transfers - More Information

Ms A C

The service I received was outstanding. It made the process of selling my house much less stressful."

Mrs C, Client

Frequently Asked Questions

What Does Probate Involve?

As Executor or Administrator of an estate you will be responsible for putting the deceased's legal, tax and administrative affairs in order. This could include valuing their property and often selling the property so that the proceeds of the sale can be passed on to the beneficiaries of the Will.

To sell the property you will first need to be named on the Grant of Probate. This document is evidence that you have the right to sell the property. If you do not already have a Grant of Probate, we can advise you on what you need to do.

If you are selling a property as the executor there will also be additional clauses that need to be inserted into the transfer to protect you as the personal representative of the estate. Similarly, the Deed of Assent to transfer ownership of the property to a beneficiary is slightly different to the usual Deed of Transfer used for sales and other transfers of property.

We often find that when the deceased has lived in their property for a long time, it may not be registered with the Land Registry. This will need to be addressed before you can sell the property or transfer it to a new owner.

What Is Proprietary Estoppel?

Proprietary estoppel is the legal term for when a promise of property or some part of an estate is given during a person's lifetime, but then not delivered in their Will, with serious consequences for the person expecting to inherit.

We frequently find this in rural land claims. For example, a farmer may have promised to leave his farm to an employee in exchange for reduced pay but then the farmer's Will names another beneficiary and the employee is left with nothing. The employee had a reasonable expectation that the promise would be fulfilled - in the absence of the promised inheritance, he has suffered a significant loss.

Proprietary estoppel is one of a number of claims that may be brought against a Will, which will affect how and when the property can be sold or transferred. We've helped people bring claims for proprietary estoppel and have extensive experience in other property claims on a Will.

Our Wills and Estates team are also able to provide more information about contesting a Will.

Why Choose Irwin Mitchell?

The team at Irwin Mitchell has extensive experience dealing with Probate sales and transfers. Over the course of many years we've come across a wide range of issues and understand how to help you negotiate what can be a very stressful time.

We offer a fixed fee on all our conveyancing services, so you know exactly what you need to pay from the start. You can use our handy Conveyancing Calculator to get an instant quote.

Irwin Mitchell is one of the leading firms in the country and we pride ourselves on putting our clients first. We can also draw on the expertise of our Wills & Estates team to ensure you receive a comprehensive service that takes care of all your legal needs.

We are available by post, by phone, email and in person. We have offices around the country if you prefer to speak to us face-to-face.

However you contact us, you can expect a friendly and supportive service. We understand that this will be a difficult time and we are committed to using our expertise to make the process as smooth for you as possible.

Call us today on 0370 1500 100 to talk one of the team - or fill out our online form and someone will get back to you.

Awards & Accreditation

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

Private Client Team of the Year - Legal Business Awards 2018
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