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By Kerry Blackhurst
The authority of the Executors to deal with the property comes from the Will and then is confirmed by the Grant of Probate. Where there is no Will, or valid appointment of Executors, then the authority comes from the Grant itself.
It is also worth noting that in some limited circumstances there is an exemption for some or all of your SDLT where a property is purchased from Personal Representatives.
So, in summary, yes you can exchange before you receive a Grant of Probate is received, but plan ahead.
Kerry Blackhurst is head of our Private Client team. Kerry works closely with our property team and provides advice to clients on a variety of estate planning matters.