Probate question about selling a jointly owned property before probate has been granted

[drivinmecrazy]

Dads estate still has not been submitted for probate as still waiting for confirmation of global assets. Mum and Dad jointly owned their UK home, which her trustees have said she could go ahead and put on the market. Amazingly, after two weeks she has recieved an offer from a cash buyer which she has accepted. Today she has been phoned by her solicitor who has said she can't sell until probate is granted.
Who is right, her trustees or solicitor? Is she able to sell and put Dad's half into a third party account until probate granted??

As far as I am aware, (ex estate-agent, not solicitor), both are right. The trustees said it could be put on the market which it can, the solicitor said it couldn't be Sold, (ie contracts exchanged), which is correct. When I was working we knew that nothing would go through until probate had been grated. Trustees probably didn't expect you to get a buyer so quickly, estate agent should have been made aware it is a probate sale and therefore subject to probate being granted before a sale could go through.

The estate agents were aware of situation, but think they are shiiite any way. They still haven't completed the HIPPS pack they promised, so can't see how they could of agreed to accept the offer any way. Mum just wants to get rid of house ASAP so she can move on. Offer accepted was 25 grand lower than asking price, not even sure he should have advised her to accept offer when she had four other viewings lined up. Problem is she doesn't need the money but just wants to get rid of house, I think she is making poor decisions generally at the moment, but she just thinks I'm making trouble if I suggest she waits a while.

A property can be put on the market as long as a Hips pack has been commissioned, they do take a while to do as there is a lot in them, a lot of it needs doing by solicitors, energy inspectors so not all down to estate agent - can't see why your mum shouldn't accept an offer before the Hips pack comes through though. Agree that she should not have been recommended to accept offer with four other viewings lined up, sounds strange as agent wants to get best price so they get more commission also.

Agree it is a difficult time to make sensible decisions, surely it is up to the trustees to have a major say in agreeing to a sale, not just your mum, maybe the solicitor needs to remind her of that.

Thanks Helennn, has helped put it all into a better perspective. Amy trying to step back a little from it at the moment because Mum is off to spain for good next Sunday, so don't want any more friction. It really is sooo stressful when some one dies. i'm sure they could simplify things for those left behind. Dad passed away in July and things still aren't settled

We had to wait to complete on our house because of waiting for probate. In the end the probate came through reasonably quickly, but I did read something somewhere which indicated that we could have completed and the money deposited in a holding account pending probate as you describe. The best guideline is not to put a house on the market until probate has been granted though.

I think Bramshott is right about the holding account. We were told last year when selling MIL's house that that would have been an option. In the end, it suited all of us to wait until the new tax year to exchange/complete, by which time probate was through.