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Original poster

Short chain but probate at top- advice please!!!

16 replies

Makinglists · 03/04/2022 08:51

We had to move out of our family home last year (complicated reasons which I wont go into now). We are in rented. Due to an inheritance we own our old property and have enough over to buy a new property. Early last Nov we saw a property we liked put in an offer and was accepted. Vendors found a property - most of the legal work has been done now, HOWEVER!! about 6 weeks ago we got a call to say the owner of the house that our vendors are buying died suddenly and probate needs to happen before they can buy. Ok we thought couple of extra months we can live with that, yesterday got an email to say that a claim has been made against the will and it will be at least a few more months (I think thats optomistic).

We really need to be in our new house by the summer (education and social reasons) - which will be 8mths from offer. How do we approach our vendor to expedite this? Suggest they could go to rented if they want sale? - if the house they want is not obtainable would they look again.
We've been accomodating up to now but we really need to see some movement - or do we walk away?
Thanks for any help anyone can offer!!!

OP posts:
Shurl · 03/04/2022 08:58

I don't think there is anything you can do to speed up probate. And a few months is probably optimistic. So yes, you will need vendors to agree to go into rented by x date. But I don't think you can mandate it, what happens if you get to that date and they say they have changed their minds? (Which they can do).

I would suggest if it really is a hard date, then you start looking for a chain free house in the right location to buy. I think that is the most likely way you will be able yo control the dates

Original poster
Makinglists · 03/04/2022 08:59

Thanks thats really useful - Im trying to clarify my thoughts before phoning the agent tomorrow.

OP posts:
Potterson13 · 03/04/2022 09:14

The only real option is asking your vendors to break the chain and move into rented or with family as you say. They are under no obligation to do and may well refuse but if you make it clear you will be forced to look at other properties if they can't, the idea of losing the sale might be enough for them to consider it.

If they do break the chain and agree to move into rented I would also be pushing for an exchange imminently to bind the contract. Technically they would become the top of the chain and it is in your best interests to agree a date and exchange so they cannot back out at the last minute. This would obviously leave them without the certainty of a completion date on their related purchase but they won't have that anyway until probate comes back.

Whingasaurus · 03/04/2022 09:20

Walk away, we had something similar our 'vendor' had passed away and her sons sold us the house saying probate had been sorted when it hadn't. We found out the day before exchange and insisted that they applied and paid for emergency probate and it still delayed exchange for the whole chain by 2 months and that's without a contest involved

DelphiniumBlue · 03/04/2022 10:35

It could take months, if not years to sort out. If the vendor won't break the chain then you'll have to look elsewhere. Plus bear in mind that the executors have a duty to get the best possible price, which could have knock on effects on your price.

Original poster
Makinglists · 03/04/2022 10:37

Thank you for your advice - I think the time has come to become assertive with the vendors. I think I will ask some tough questions. Knew mumsnet would be fab!!

OP posts:
KleineDracheKokosnuss · 03/04/2022 10:41

Probate takes months and months and months. If contested it can take years. See if the vendor will break the chain. If not, find somewhere new.

Nothappyatwork · 03/04/2022 11:49

Anything like this can take years, we went to virw a House that was a divorcing couple she didn’t want to move it took nearly 4 years to get it sold, we just happen to know because we bought the one next door.

ColdSeptember · 03/04/2022 11:54

You can be as assertive as you like, it won't speed up getting probate.

Maybe suggest getting a grant de bonis non (if there's a solicitor helping them get the grant then they should be able to deal with this). It will allow the sale to go through. Might not be possible though if there's a claim against the estate.

beautifullymad · 03/04/2022 12:03

Probate is taking over 10 months at the moment. It's a long time to be delaying a purchase.

Gettingonabitnow · 03/04/2022 12:37

Honestly, I’d look for something else. A private house was at the top of the chain we were in and it takes FOREVER, and there is nothing that can be done to speed it along.

Gettingonabitnow · 03/04/2022 12:38

*probate not private

RidingMyBike · 03/04/2022 16:56

We have a probate property in our chain (our vendor is moving into it) and have been told probate is currently taking 4-6 weeks, having speeded up considerably since last year. But that's an uncontested one!

Original poster
Makinglists · 03/04/2022 18:06

Thank you again for all your help

OP posts:
TulipsfromAmsterdam · 03/04/2022 19:02

When we last sold one of our buyers sadly passed away. We waited approx 8 months for probate and insurance to be sorted and the partner of the buyer then made a much lower offer. We couldn't accept it and had to start over. Your vendor needs to break the chain if they want to keep you as buyers.

70kid · 04/04/2022 19:10

I got probate of my late parents house last November in 7 weeks
I used a firm to do it for me as I wanted to make sure I was all correct
But for a will that’s being contested it could take years

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