Can Estate be sold/divided before inquest?

S

SparkRite

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Hi all,
My mother-in-law died suddenly last year and we are still awaiting the formal inquest to be held.

Does anybody know can her will be executed, ie. her savings and property (sold) and divided between all benificierys BEFORE the inquest takes place.

The solicitor dealing with her will says it can, but a friend of mine, connected with the legal profession, says it MUST wait until after the inquest.

I have googled this,till I'm blue in the face reading legal mumbo/jumbo and still none the wiser!!

Anybody here know for sure.

TIA
 
There is no problem taking out a grant of probate to the estate. It is then up to the executor whether it is wise to distribute before the inquest. If there is no foul-play suspected in the death there should be no reason not to.
 
Thanks Ramble,
That makes sense but as we all know there is a vast difference between common sense and the law!!
Do you know that for a fact?
I thought that deeds for a property cound not be conveyed before the formal inquest ruled.

Again thank you for your time.

Cheers....
 
I'm not aware of any such restriction, there doesn't appear to be any logic behind it either especially if, as it appears, there are no criminal proceedings in the offing.
 
If it was me I'd follow what your solicitor has told you rather than what any friend has said or what anyone here tells you. That's what you are paying her for.
 
I think the problem is that before the inquest is held no death certificate can be issued, however the coroner will usually issue an interim certificate to allow you to go ahead and take out the grant. It would be very very unusual for an inquest in itself to precipitate criminal proceedings.
 
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