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Original poster

Seller passes away the day before exchange of contracts

36 replies

user1494597756 · 15/08/2021 13:43

Hi there,
We put our flat on the market the week before lockdown. It sold in the October of last year and the buyer has been waiting for us to move since then. She has rented 1 bedroom in a house and has been boxed up since the beginning of the year.
We have lost out on 3 houses, mainly because we have the mortgage offer in principle initially, which is then reduced and we can then no longer move forward.
This has been an exasperating time.
We set our limits lower and managed to find a property were the owner, an old lady, is in a nursing home, and her children have power of attorney.
All was going well, we were due to exchange last Wednesday , our buyer was due to go and sign her contract at the solicitors, hand over her deposit Tuesday at 4pm and we were to exchange contracts Wednesday morning.
We get a call Monday afternoon to say the old lady has been put on end of life care, no food or drink etc.
…. She passed away Tuesday…
The day before exchange. ….
Our mortgage offer expires December, we would then have to reapply, and he has changed jobs.
We have no idea how long probate takes, 3 months to a year as a guideline is not much to work with.
I don’t want to pester the family at this sensitive time.
….any ideas?

OP posts:
PlanDeRaccordement · 15/08/2021 13:51

Whoever is executor should be able to complete the sale if it’s not against any terms of the will...say she left the house to a DC in her will and never updated it when she went forward with the sale.

They would have to wait for the death certificate to be registered first though and that can take a week or two depending on circumstances of the death.

I’d wait minimum two weeks and gently bump your estate agent or solicitor to query their estate agent or solicitor.

titchy · 15/08/2021 13:59

As you haven't exchanged you will almost certainly have to wait for probate now. Which could be months and months. If you'd exchanged but not completed that would be another matter.

Why on earth haven't you moved into rented. Your buyer must have the patience of a saint. I'd have pulled out long before frankly.

msbevvy · 15/08/2021 14:02

My Mum died unexpectedly when her house was in the process of being sold because she went into a care home.

Our buyer had to wait until probate was granted.

thriftyhen · 15/08/2021 14:20

We'll, I think you'll lose your buyer now unless you move into rented pretty quick. I'm surprised that they have waited this long anyway. As for your onward purchase, probate can take around 12 months, so you're unlikely to be purchasing that property any time soon.

Original poster
user1494597756 · 15/08/2021 14:25

It depends on how long probate takes then I suppose.
In answer to the rented question. I am 55, I don’t want to jump off the property market and go into rented at my age. It’s too risky.
I understand my buyers position, she has the patience of a saint, but she did get the flat at a really good price, so from a financial point of view it’s worth it I think.

OP posts:
titchy · 15/08/2021 14:34

@user1494597756

It depends on how long probate takes then I suppose. In answer to the rented question. I am 55, I don’t want to jump off the property market and go into rented at my age. It’s too risky. I understand my buyers position, she has the patience of a saint, but she did get the flat at a really good price, so from a financial point of view it’s worth it I think.
That doesn't make sense. You have a buyer prepared to pay £x for your flat. You sell it and rent now and have £x for your flat. Or you sell to your buyer in a years time if they're stupid enough to agree (probate could take 12 months - covid is delaying considerably), and still get £x for your flat. Being off the property ladder makes no difference to the amount you sell for. And being in rented means you're chain free which may make future vendors prepared to accept a lower than normal offer.

Unless you ditch your buyer of course and go back on the market to try and achieve a higher price.... is that your plan?

Dontwatchfootball · 15/08/2021 14:44

Probate on my purchase took from mid April to end July. There was a delay in it, we had originally been told 8 weeks.

godmum56 · 15/08/2021 15:02

The executor can sell property before probate is granted (or at least could, from experience around 15 years ago) but are often advised not to. I think you might reasonably either send a message via their conveyancer or solicitor or send then ONE very tactful apologetic message in about a week's time.

CellophaneFlower · 15/08/2021 15:28

Probate for my dad's estate took 24 hours, in March. It really does depend how straightforward the estate is, whether there is inheritance tax to pay and whether the executors use a solicitor or not. I didn't use a solicitor. When they are used they need to wait a set amount of time to make sure nobody is going to contest etc.

Original poster
user1494597756 · 15/08/2021 15:42

Thanks everyone. It would be fantastic if probate was within the next few months.
Titchy… it’s not about what I do and don’t sell for, being off the property market means taking a risk. A risk that you won’t be able to get back on again. Prices in the south east are going wild, we’ll over asking price. I’m not mortgage free, so I’ll need one going forward. The longer I’m off the ladder the more prices can change and the closer I am to retirement. The closer to retirement, the less they lend. Id do it if I was younger, but not now.
Godmum56 … I think I’ll take your advice thanks 🙏
Cellophaneflower, condolences on your loss, but 24 hours is remarkable…. Thanks for your advice.
I thought that as the family had power of attorney, they would have a good insight into their mums estate and that may speed things up a little?

OP posts:
amillionrosepetals · 15/08/2021 17:05

Sorry to hear this has happened to you. It happened to me once, pre-Covid. The owner passed away on 17/12/18 and Probate was granted 6/2/19.
I've just done a google search and on 9/4/21 The Times reported the Ministry of Justice saying that "it can take on average 4 to 8 weeks to receive a Grant of Probate" so hopefully you won't have to wait too long. You can keep checking yourself on www.gov.uk/search-will-probate to check if Probate has been granted.
I'm sure your solicitor will already have done this but they will need to draw up a new contract for you to sign as the seller is now the Exors and not the Attorneys.
I hope it works out OK for you.

ChequerBoard · 15/08/2021 17:07

One of your concerns is that your DH has changed jobs since you revived your mortgage in principle? Please be careful, I think most mortgage companies would expect you to tell them about a material change in circumstances such as a job change, certainly prior to exchange of contracts.

Hekatestorch · 15/08/2021 17:11

We were selling my grandads house when he died. He too was in a home. The sale was completed by the aunt that had POA. The sale completed and exchanged before probate was done. This was 5 years ago though.

Ellmau · 15/08/2021 17:25

If the children had POA and are also the executors I should think the sale should still go ahead, but there may be a delay. Good luck!

Silkiecats · 15/08/2021 17:25

You need to tell your mortgage company your dh has changed jobs. If he has only just started or on probation it could lead to the withdrawal of the mortgage offer but the current one is invalid if you haven't let them know.

Re the purchase I would ask via solicitor Estate agent and warn your buyer how long a delay there will be.

steppemum · 15/08/2021 17:32

@Ellmau

If the children had POA and are also the executors I should think the sale should still go ahead, but there may be a delay. Good luck!
yes I think that the fact the kids already have POA might make all the difference.
godmum56 · 15/08/2021 17:39

POA ends on death, no ifs and or buts. Literally at the moment of death. Executor then has control of the estate. It does make good sense for the executor to continue with the sale if it was a good deal for the estate. there may of course be delay for house clearance. As I said either talk to whoever is conveying for the family or a polite apologetic note to them next week.

kikipie · 15/08/2021 17:42

We had poa and were executors, probate on the very simple estate took 5 months. This was about a year ago.

HoikingUpMyBigGirlPantss · 15/08/2021 17:43

I've been waiting 13 months for a relatives probate to go through (delays both with a useless solicitor and then a massive ongoing queue in probate due to increased number of deaths in the last year). Wait 2 weeks and gently nudge the solicitor but if her estate is complex it will take time I'm afraid!

cheeseychovolate · 15/08/2021 17:44

I think the executor might be able to apply for a special grant of probate that just covers the property. The grant of probate has a Latin name. You could mention it to your solicitor or ring the probate registry.

Justa47 · 15/08/2021 17:46

@user1494597756

They can still complete

SpeedRunParent · 15/08/2021 17:48

We sold my late uncle's place before probate was finished, the relatives just can't have access to the money until it has cleared probate. Same with my father in law's place.

LublinToDublin · 15/08/2021 17:51

Having just sold deceased parents house,
POA ceases the moment a person dies so is irrelevant.
You can't complete on a sale before probate has been granted even if the execyors and / beneficiaries are all in agreement.

2bazookas · 15/08/2021 18:01

Ask your solicitor to contact the vendor's solicitor and discuss.

By that stage, the old lady will have signed everything necessary.
All the lawyers were waiting for, was the arrival of your payment to her on the agreed date, and afaik that can still pass to her account.

2bazookas · 15/08/2021 18:03

oops. just noticed she hadn't signed.

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