If you are selling as an executor, even if you have lived in the property at some point, as you are not the owner you probably do not know everything about it. For instance, you might not know when the boiler was installed, or windows were replaced.
Our advice is to try to find as much information about the property from the owner’s records as you can and pass this to your solicitor. This could be building regulation certificates, planning permissions, warranties and invoices. Your solicitor can then go through and work out what is and is not relevant. It is better to provide more than we need than nothing at all!
Furthermore, the buyer’s solicitor will usually carry out a local search which should reveal any works that have been done to the property where building control/planning were notified. If this shows as being signed off in their search, usually this is sufficient, and the actual certificate is not required.
The Contract for sale will also note that you are selling with Limited Title Guarantee. This states that you have the legal right to sell the property, which is proven by providing the Grant of Probate in your name but highlights your knowledge about any rights that may affect the land or mortgages over the property is limited. Nowadays, these in most cases would show against the property on the Land Registry title document.
At HGW we appreciate it is likely to be an emotional time for you when selling a home as an executor and are on hand to help you with any queries you may have to ensure the transaction is as stress-free and smooth as it can be.
Natasha Mallet – Associate Solicitor