Buying a house through probate, vendors have found a new will...

[AmericanPastoral]

We are in the process of buying a house which is being sold through probate. Just found out the sellers have discovered a new will which they think is not legal but are seeing a solicitor tomorrow to check. My questions are - how does one get a will ratified? If this will is deemed to be legal presumably it could be challenged at a later date. If it is where we stand if we've bought the house? This is a real blow as we have had the searches and survey done, thought it was all done and dusted. Thank you.

I would imagine that as long as the executors are the same, it wouldn't make that much difference? You're still buying from 'the estate of' rather than a specific person; it's up to the executors to distribute the funds as they see fit?

I could be completely wrong though!

Not as they see fit. As per the deceased's wishes, but on the basis of whichever will is the correct one.

Unless the possibly-new-will leaves the house to someone, I don't think it will affect the sale. Even different executors may have to sell the property although that may cause a delay if new executors have to be interviewed by the Probate Office. The (legal) onus is on the executors to distribute the estate so they are checking because it will come back on them at a later date, not you, if anything is challenged.

Is it a later (dated) will than the one they have been working with?

Obviously, any potential delay is not good news for you, I hope it is sorted soon.

Thank you so much for your responses.

If all the beneficiaries agree, I think the will can be changed within a certain time limit [up to 2 years after death?] We did this when my DM [?] decided to change her will to favour our son [her only grandchild] instead of me. Our son knew it wasn't 'morally' right and agreed to change it back to what it had been agreed to when my father was alive.
Not sure if this helps but I feel it likely that the property would still need to be sold to sort the estate and bequests. Maybe they were just trying to let you know it could take longer to sort out - as all these legal things do...???

It depends what the will says. If it leaves the property to different beneficiaries who don’t wish to sell the house - or can’t agree on what to do - then you will have a problem. If it’s the same beneficiaries and just making some other minor updates then it shouldn’t cause too long a delay. I would try and ascertain the information if you can and say it’s essential that you know if you are to hang on (the agent won’t want to lose you as a buyer so hopefully might help get you some info on the situation from the vendors). Also depends if it’s clear which will is valid. If it’s not clear - which is unlikely as the most recently dated should revoke all prior wills per the wording in the will if it’s been drafted properly - then you will have a LONG delay on your hands. You need more information to decide what to do. If it looks like there may be confusion over the will or different beneficiaries to the first one then if you are in a hurry to move and aren’t prepared to wait it out and hope for the best, I would be tempted to look elsewhere. I’m in the legal profession btw.

Thanks very much MrsMummyBx good clear advice - but not what I necessarily want to hear which would be "Don't worry, it'll all be fine..."

It may well be fine @american but without more info it’s difficult to be sure. Fingers crossed it all works out for you and you’re soon enjoying your new home!

Thanks MrsMummy. Fingers crossed as you say.

You need them to get probate. Once they have that they can proceed and you need not be concerned about which will it is. If the other will is valid and it appoints different executors those people will have to get probate and decide whether to sell the house to you.

Overall it is likely to cause a bit of delay but just make sure your solicitor and the estate agents keep in touch with the selling solicitor so you know what is going on.

Thanks GOODCAT