Question of the week: Where a property was held as tenants in common by a married couple, one of whom has died, and a grant of probate has been issued in their estate to the surviving spouse and a third party, and surviving spouse subsequently lost mental capacity (having appointed an attorney under a financial affairs LPA), is a new grant required and will a new trustee be required in order to sell the property?
This Q&A considers whether, where a property is held as tenants in common by a married couple and one co-owner has died, with a grant of probate...