Sale of house inherited by two siblings

I

irishmoss

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My father inherited a share of a house with his other brother a few years ago. There was no will but the estate was administered by the other family. All cash assets were divided equally between the two. The house was put in both brothers names as the other family had sentimental ties and didn't want to sell at the time.

My uncle is now deceased and my father is not of sound mind. The other family now want to sell the house and we have agreed with them to do so. I thought this would be a straight forward conveyance carried out by the executor of my uncles estate.

However we have been told that a new grant of administration will have to be applied for under the original administration (there was no will) Do we have to go back to the probate office and do this all over again?
Is there a simpler way to sell the house and divide the asset?
 
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Lots of "it depends" on the basis of the post.

how is the property owned between the two brothers - joints owners or tenants in common?
what was in the deceased brother's will regarding his share (if any) of the property?
has the living owner who is of "unsound mind" been made a ward of court or activated an enduring power of attorney?

There are too many variables based on the original post to even begin to analyse the situation - customised legal advice definitely required in my opinion.
 
putsch said:
Lots of "it depends" on the basis of the post

There are too many variables based on the original post to even begin to analyse the situation - customised legal advice definitely required in my opinion.
Click to expand...

Ok thanks will set up an appointment with a solicitor
 
It sounds like the house is still in the name of the disponer to your father and uncle, ie that the house was not actually registered in your father and uncles names. And if your uncle was the legal per rep, a second grant must be extracted to the original disponers estate. A grant will still also have to be extracted to uncles estate

If the house had been put in their joint names, this would not need to be done. However a grant would still have to be extracted to uncles estate.
 
Thank you Vanilla, I have checked the PRA site and you are spot on. I never thought of checking that, now to deal with this ...
 
You really need to engage a solicitor to deal with it. The will of the deceased brother should determine who gets his share
 
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