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Inheritance

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inaquandary | 09:27 Sun 04th Mar 2007 | Civil
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I've recently become sole beneficiary in a Will. Probate has been granted to me already but now the Will is being contested and legal proceedings are ongoing. In the will I inherited a property which I want to sell. Am I legally allowed to sell the property whilst legal proceedings are pending?
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I think you need to seek some legal advice. If you sold the property and the legal proceeding overturned the Will, you could be liable to repay the proceeds received from the sale of the house and anything else you may have inherited.
I am surprised that the Will is being contested AFTER probate has been granted. It is normally contested before, to prevent the Grant being issued. It is more likely an Inheritance (Provision for Family and Dependants) Act 1975 claim for reasonable financial provision and not a contest to the will's validity. If probate has been granted, there is nothing, in theory to stop you selling the property, but depending on the type of the proceedings - BUT you must not attempt to distribute the proceeds, they should be kept in an interest bearing account pending resolution of the dispute. However, best practice would be for you to keep the "other side" informed of the sale. You do, however, need urgent legal advice.

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