Probate property- limited title guarantee?

[Caroline147]

Hi everyone,

Hoping for someone who’s been through this process and can give us some advice- we’re buying a probate property which is, in many ways, our dream house. Conveyancing process has been ticking along over the last couple of months- we’re still waiting on grant of probate but apparently it’s expected in next week now 🤞

Issue is that we’ve had lots of paperwork through to sign and one of those was the Land Registry transfer. We noticed that the box was ticked for a limited title instead of the full title. According to our conveyancer (note- not a qualified solicitor!), this is normal for probate properties and we shouldn’t worry. However, I’ve seen some info online where indemnity insurance can be taken out to protect the risk of being unable to register the full title.

I wondered if anyone else had been through this, and whether or not you got the insurance? We’re just slightly nervous given we only have a conveyancer.

Big thanks in advance!!

Hello, this is completely standard for probate properties. It doesn't mean that you won't get "good title"'when you register - it's more of a technical point about the knowledge of the seller.

Completely normal, don't worry

It's normal. The limited title guarantee is just because it is not the owner selling, but the executor. The executor may not know the property well and may not be able to answer enquiries or provide paperwork. You and your solicitor may have to accept "don't know" as an acceptable reply to queries, such as "when was the boiler last serviced".

Once the probate has been granted and the executor is legally authorised to sell the property, you can proceed to exchange and completion. The solicitor acting for you will then apply to Land Registry to register you as the new owners with full title guarantee and the title will be transferred as Absolute.

Thanks so much, everyone! You’ve put our minds at ease

Hi Caroline, Have you moved into the new property. I have seen your above query, I know its been a while this conversation happened. I just wanted to know , so you have signed the land registry with limited title gaurantee.

Reported the spam.

She wouldn’t have had a choice @Raj1504

Hello, I'm curious about what happened and why the reply was deleted. I'm in the same situation here. My conveyancer also said: The purpose of a Limited title Indemnity policy is to cover you against any mortgages currently registered against the title together any enforceable restrictive covenants.

I still fell some risk of buying this property. What if a third party turned up to claim this property with some evidence we are currently not aware of?

Can someone share some experience of buying this kind of property? Is there anything I can do to avoid the risk?

Thanks very much!

It all worked out okay in our case- no issues with either moving in or the the Land Registry, and we didn’t purchase indemnity because our solicitor didn’t think it was required. But I honestly don’t know if that would be the case for everyone in this situation, sorry! And we did wait until probate had been fully granted before proceeding.

Hi Caroline, I'm glad that things have worked out for you. I hope you have enjoyed your new home.
Just a silly question, will I be risk-free after I register with full title? Am I right by saying that any of these potential problems could only affect me during the period of completion and before I register it with Land registry?

Thank you very much