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Original poster

Selling half of Jointly inherited property

7 replies

CherryRipe1 · 20/05/2025 19:10

Hi everyone, hope someone can advise. A friend passed away last year and has left her property to me and another friend. The property is currently in probate and this is due to be finalised around July. My son wishes to purchase my friends half for a fair price to half the valuation & my friend is in agreement. Is this possible? The solicitor handling the probate said their firm can't act for the conveyancing due to conflict of interest but it was feasible to do this. Do we all have to get our own solicitors and does the Executor have to oversee it and appoint his own? It's all very confusing and my friend who wishes to sell her half hasn't a clue, she's leaving it up to me to try and muddle through it, blind leading the blind so to speak. Thank you for reading.

OP posts:
Spirallingdownwards · 20/05/2025 19:12

The solicitor handling the probate can act for one of the parties assuming the other agrees.

I assume you son is buying her share and jointly owning with you? In which case that solicitor can act for your friend and your son can find another solicitor.

Original poster
CherryRipe1 · 21/05/2025 11:50

Spirallingdownwards · 20/05/2025 19:12

The solicitor handling the probate can act for one of the parties assuming the other agrees.

I assume you son is buying her share and jointly owning with you? In which case that solicitor can act for your friend and your son can find another solicitor.

The probate solicitor has said they cant act and we'd all have to find out own solicitors. Yes, son is hoping to buy my friend's share outright and we would own the property as tenants in common. The aim will be for him to eventually buy my half out. I'll revert to the probate solicitor and see if it's possible for their firm to act for my friend. Thank you

OP posts:
TizerorFizz · 21/05/2025 21:03

@CherryRipe1 Your dc should find his own solicitor. It’s a separate transaction and should be seen as that. Why not keep it separate? Be aware that if you own a property, selling your share in the future will mean a CGT bill if the property increases in value.

Original poster
CherryRipe1 · 22/05/2025 04:29

TizerorFizz · 21/05/2025 21:03

@CherryRipe1 Your dc should find his own solicitor. It’s a separate transaction and should be seen as that. Why not keep it separate? Be aware that if you own a property, selling your share in the future will mean a CGT bill if the property increases in value.

Thank you, yes we are all in the process of engaging our own solicitors now & yes, understand about cgt in the future.

OP posts:
DonewhatIcando · 22/05/2025 06:37

Not quite the same scenario but I bought my dsis's out of my Dm's house.
I was executor so didn't need a solicitor for probate etc as I did it all.
My solicitor (for buying them out and selling my house) told us we needed him to represent me and another solicitor to represent my dsis's.
They paid £500 to retain one.
In the end my solicitor did it all, they lost their £500.
It was just like a normal house sale, sold mine, money from my house sale went into an executor account, solicitor did their bit (changed land registry etc) then I distributed the money in the executor account to dsis's.
There was talk of conflict of interest by not having two solicitors but in the end my solicitor decided they could do it all, my dsis's had to sign forms agreeing to our arrangement.
Ask the solicitor who's dealing with probate to recommend another solicitor to act for you all.
Hope this helps.

Original poster
CherryRipe1 · 22/05/2025 13:35

Thank you for your post which was quite informative & helpful. Great, yes, we've got the name of a good solicitor from the one doing the probate and another one who did my partner's stepdad's probate and conveyancing some years back. The executor has one just in case and DS has a couple lined up. It's a shame your dsis lost money but at least you got it sorted.
Update; The executor in our situation is responsible for selling the house either on the open market or to ds. We all have to appoint our own solicitors so that's 4 involved for executor, ds, me and friend. This info came from 2 senior consultants and hopefully it helps anyone undergoing a similar situation.

OP posts:
Spirallingdownwards · 26/05/2025 14:51

CherryRipe1 · 22/05/2025 13:35

Thank you for your post which was quite informative & helpful. Great, yes, we've got the name of a good solicitor from the one doing the probate and another one who did my partner's stepdad's probate and conveyancing some years back. The executor has one just in case and DS has a couple lined up. It's a shame your dsis lost money but at least you got it sorted.
Update; The executor in our situation is responsible for selling the house either on the open market or to ds. We all have to appoint our own solicitors so that's 4 involved for executor, ds, me and friend. This info came from 2 senior consultants and hopefully it helps anyone undergoing a similar situation.

That is only because the solicitor is choosing not to act rather than not legally able to act though.

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