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Original poster

House move turning into a farce.

17 replies

Duchess379 · 20/01/2022 20:30

I've been tied in knots about this all day. I'm moving to a bungalow due to ill health (I'm the main carer for my mum who's had several strokes & a triple heart bypass). I accepted an offer on my house back in September & my vendor accepted my offer, so we were all systems go. The female occupier had passed away & her partner was selling up due to bad memories etc. Her mum is house sitting whilst the sale goes through.

In December, I'm told that the property is now in the hands of an executor & new solicitors. I wasn't happy, as we were 3 months in, but not much I could do. My buyer has sold her house, moved out & currently living with family, pending my purchase.
I got a phone call this morning from my solicitor, that the property needs to go through probate! They've only just discovered this!! Apparently that can take between 6 to 12 months!! I could literally wring someone's neck! I could lose my buyer because she's not going to wait for possibly a year, whilst living with family!
I'm thinking of renting the bungalow, so I could at least release my house to my buyer & wait for probate to go through.
Anyone been in a similar situation? Renting a house then buying it? Any pitfalls? I'd be grateful for any thoughts. 🙏🏻

OP posts:

ChicCroissant · 20/01/2022 20:44

I've bought a house I was renting, but not rented a house I want to buy if that makes sense! Would they be happy to rent to you in the meantime, it sounds as if the partner (assuming they were not married) is not living there anyway?

The main pitfall I can see is if you find you don't like the house/neighbours/area then you are stuck looking for something else in the meantime. I think your solicitor might be the best person to speak to about any potential legal problems. Good luck with the purchase OP, so frustrating

ItsSnowJokes · 20/01/2022 20:51

This happened to a house we viewed. The offer accepted was above what we could afford so thought nothing of it. The new owner still haven't moved in or completed and we have been in our new house a year now! I know someone on the street and they said the elderly lady who had moved in to a care home had died and it had been tied up in probate since.

Original poster

Duchess379 · 20/01/2022 21:01

@ChicCroissant

He's in Saudi apparently! It's just an utter farce! Why they didn't get all this sorted earlier is anyone's guess. I spoke to the EA who is representing the property & they have no idea why its gone to probate because she passed away a few years back. *mindblown

OP posts:

Iamthedom · 20/01/2022 21:08

Oh that’s terrible - they are idiots and personally I would walk away if I could

I managed to get my dad probate through within 7 weeks last year in Oct
I used a firm to make sure everything was correct and it cost me £700
But worth every penny to get it done quickly

whyohwhyohwhyohwhywhy · 20/01/2022 21:11

I think it is not optional for the partner. If the house isn't his or left to him then it becomes probate doesn't it? It seems like they were a bit slow to realise this but it does sound correct

ChicCroissant · 20/01/2022 21:19

They have probably realised that only the executor can sign the paperwork for the sale! The executor has to apply for probate and before that, they'll have to value to estate to make the application. Doesn't sound like he is the executor either!

Original poster

Duchess379 · 20/01/2022 21:24

@Iamthedom

Oh that’s terrible - they are idiots and personally I would walk away if I could

I managed to get my dad probate through within 7 weeks last year in Oct
I used a firm to make sure everything was correct and it cost me £700
But worth every penny to get it done quickly

If I walk away, I'll lose my buyer & I really don't have the mental strength to relist my house & go through the pallavah of viewings again. 😭

OP posts:

Rodion · 20/01/2022 21:25

It might not be bad if they can give you an amazing deal on the rent. I'd be worried they'd back out of the sale if house prices went up in the mean time....

Original poster

Duchess379 · 20/01/2022 21:41

@Rodion

It might not be bad if they can give you an amazing deal on the rent. I'd be worried they'd back out of the sale if house prices went up in the mean time....

Yep, I get that. They didn't have many viewings & it was more expensive than neighbouring properties due to the extensive renovations.
I'd ask for some sort of contract that we pay what we have already agreed. I wouldn't be best pleased renting for 6 months then hit with an extra 50k bill!

OP posts:

loveisagirlnameddaisy · 20/01/2022 21:42

@whyohwhyohwhyohwhywhy

I think it is not optional for the partner. If the house isn't his or left to him then it becomes probate doesn't it? It seems like they were a bit slow to realise this but it does sound correct

It's nothing to do with who inherits. Probate is essentially legal 'permission' for someone to execute someone else's will. That's why it's the executors who apply for probate. If no will has been made, the process is different (and more complicated).

If the property was not jointly owned, probate would be needed before it can legally be sold. If the partner was living there, but wasn't a co-owner, it's possible he's only just realised this at the point of deciding to sell.

user1471538283 · 20/01/2022 21:50

A friend of mine rented the house she then bought because she was waiting for things to be sorted. It all worked out and she bought it. If you get a contract and the end date this could be a good plan.

Or if not I would sell yours and rent an apartment.

pingster · 20/01/2022 21:55

We did this - found out several weeks into the purchase that the house we were buying had to go through probate. We arranged to rent it until probate was granted and sale could go through and negotiated that all rent payed would be deducted from the purchase price when the sale went through. All went through fine and the sale went through several months after we moved in.

Original poster

Duchess379 · 20/01/2022 22:08

@pingster

Thank the lord! I really don't have any other options, this is my last hope!
This is exactly what I was thinking, paying some sort of rent & deducting it off the final price. 🙏🏻💕

OP posts:

Original poster

Duchess379 · 20/01/2022 22:10

@user1471538283

Or if not I would sell yours and rent an apartment.

Renting another property isn't an option. We need a bungalow for my mum's disability & I have dogs - people don't generally like renting to dog owners. And the bungalow would need to be 'disabled friendly ' The bungalow I've offered on fits the bill.

OP posts:

FinallyHere · 21/01/2022 12:27

no idea why its gone to probate

There is pretty much only the one reason it has gone to probate, and that is that it hadn't already been through the probate process.

Probate essentially ensures that the relevant taxes have been payed before any assets are distributed. It is not granted til tax paid. Without it, assets cannot be sold.

Original poster

Duchess379 · 21/01/2022 13:01

@FinallyHere

no idea why its gone to probate

There is pretty much only the one reason it has gone to probate, and that is that it hadn't already been through the probate process.

Probate essentially ensures that the relevant taxes have been payed before any assets are distributed. It is not granted til tax paid. Without it, assets cannot be sold.

Yep, I get that. But why have the only just realised, 2 years down the line since she passed, that it now needs to go through probate? Why did they put the bungalow up for sale when it wasn't ready?

OP posts:

EmmaH2022 · 21/01/2022 13:44

OP "Why did they put the bungalow up for sale when it wasn't ready?"

I obviously don't know....but I am buying a flat under probate. I have been told that probate was granted before it was put on the market.

I have accounted for the possibility that might not be true because people are crazy. However, I am all right to wait and all sorts of crazy shit happens in the house buying process.

If I were you, I would ask if you can rent the flat and actually their reaction will tell you a lot. If they don't want to rent it to you, it will at least put a rocket up them to tell you exactly where they are in the probate process.

I think you could present it as you're looking after the house while you live in it, so no one else is stuck keeping an eye on it. Plus it shows you are a serious buyer.

I know a couple of people who have been bereaved in the last year or so and they have had an okay time getting probate. It seems to have improved a lot since my father passed.

I know it's such a tough thing - it sounds like they are not very clued up regarding the law, or is there a chance they weren't sure about selling?

Regardless, I think it's time to put a rocket up them - in the nicest possible way - so you know where you stand.

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