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Buying a probate property- advice please !

31 replies

danceallnightinsnow · 14/01/2021 09:46

We are in the middle of buying a probate property.

Its been four months since our offer was accepted (we were not made aware it was a probate sale until we instructed the solicitors).

The only thing outstanding is the grant of probate.

The sellers solicitors responses avoid answering questions about this.

Can anyone offer any advice as to what you would do next ?

We understand there have been delays due to covid but the house went on the market in July.

OP posts:
FinallyHere · 14/01/2021 13:26

@danceallnightinsnow

Sorry to hear that. It could be that circumstances changed, so that was correct at the time. Did anyone flag it to you as a possible cause of delay?

gettinglonginthetooth · 14/01/2021 13:35

"Although it was a simple will, it had still taken six months to get all the valuations confirmed. We were not really in any hurry, so decided to wait for full valuation rather than go ahead on estimates"
This is the key factor, the paper work is unsurprisingly long and complicated and the property requires a valuation for probate (this is done by an estate agent valuer), as are any valuables. One of the executers ( a relative not a solicitor) devoted all their time to just doing this and providing all the necessary documentation. We were also lucky in that all saving shares etc had also been moved onto just three accounts prior to the death which also makes life easier. So basically what Im trying to say is that it all depends on your sellers, and how complicated everything is and also who's dealing with it. I suspect a dedicated clued up executer who's a relative and going to inherit is likely to be very motivated to get on with it and get it sorted ASAP whereas a solicitor who's being paid an hourly rate may take longer.
I don't know which registry we applied for probate through but we were very much given the impression that 12ish weeks once the IHT has been paid is what they aim for.
Got back to your buyer ask for clarity on the situation and as FinallyHere suggest if they carry on stalling you or don't give you a clear picture of what's happening/where they rein the process of getting probate then I'd start looking for somewhere else.

Lechatnoir · 14/01/2021 13:46

@danceallnightinsnow is it possible that was the case when they agreed a sale but the owner has since passed away? They should have told you but giving them the benefit of the doubt perhaps with grief and current circumstances they didn't think about it until after the dust had settled.

danceallnightinsnow · 14/01/2021 15:10

@FinallyHere @Lechatnoir I wish that was the case but we viewed it around September/August time and from doing some research ourselves the owner passed at the end of March 2020

OP posts:
gettinglonginthetooth · 14/01/2021 17:10

The question you need to ask is why if the person died in March 2020 that they don't have probate. Nothing can be done bar paying things like funeral expenses without it therefore most executers are usually very keen to get it as soon as possible. It seems to me that the sellers aren't being 100% honest with you.
The most obvious reason is that there is some complexity around the inheritance/will that this is affecting probate. Without going into to many details although the estate relating to the house we sold was fairly large there was a will, it was very simple two beneficiaries all finances were very much in order prior to the person dying, and as I said above the inheritance was already put by in a trust fund, this made obtaining probate quick and easy.
Talk to your solicitor get his honest advise after all thats what you're paying him for. You or he can search to see if a will has been registered and if probate has been granted.

gettinglonginthetooth · 14/01/2021 17:11

"the inheritance was already put by in a trust fund,"t = he inheritance TAX was already put by in a trust fund,

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