Any probate experts?

drellis

Member
Messages
795
Hi all, there always seems to be so many bright and able people on here and wondered if anyone knew much about probate.
We have been trying to buy a property and the vendor has sadly died before exchange of contract. Is there anything our solicitor can do? Or is it all in the hands of the vendors solicitor and executors of the will in applying for emergency probate just to sell the house?
Thanks David
 

safrane

Member
Messages
16,748
Sadly this happened at a neighbouring property.

As the house now belongs to whoever the will has it going to, the sale is no longer valid and technically you have to restart thr sale process again (That's if the new 'owners still wants to sell it to you or at all and for the price you wanted).

If they do, at least the searches and surveys have been done.
 

MarkMas

Chief pedant
Messages
8,795
Assuming this is English Law.

If the seller dies after exchange, the contract stands and the executors have to complete or default, on behalf of the estate

But before exchange, there is no obligation of any kind.

If the property is jointly owned (with a spouse, for example) and the Will (or default distribution) leaves everything to that person, they could (if they wanted to), just carry on with the process, although all the lawyers will try to create delay and run up fees.

In theory, the executors can continue the sale process on behalf of the estate, which is certainly easier than dropping the sale, and starting again later, and there may be (tax) advantages in the estate selling the house, not the beneficiaries.

It all depends on the ownership structure, Will, executors and beneficiaries.

Also probate takes a while (unless very simple). So definitely confusion and delay, somewhere between a month and five years!
 

MarkMas

Chief pedant
Messages
8,795
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