Can you sell a house belonging to someone who has passed away without a Grant of Probate?
Yes and no — sometimes you can but most of the time you will need a UK Grant of Probate.
It does not matter if the person had lived in the UK or not.
If the property was solely owned by the deceased then probate is required.
If owned as joint tenants then it will automatically pass to the surviving owner or owners notwithstanding the contents of any Will so Probate will not be required.
If owned as tenants in common then it will not automatically pass and probate will be required.
Top tipOn the title register you will not see the words ‘tenants in common’ but a Form A restriction would have been placed as below: “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.” |
If the property was placed into a trust before death then the Trustees would have the power to sell the property and Probate is not required.
Even if probate is not required these assets are usually still included for inheritance tax purposes and that will need to be explored to see if any formal reporting are required.
If you have any queries in relation to the Inheritance tax position of an estate or when probate maybe required, please do get in touch with Natalie Butt.
