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Advice on buying a probate property with ongoing inheritance claim

11 replies

Lavenderflower · 17/04/2026 15:28

Does anyone have any experience of probate sale - I have seen a property that come on and off the market - it a probate sale. I looked up case. It currently in court: Probate Part 8 Claim - Inheritance (provision for family/dependants). It like the property may HMO but has adaptation. Does any one have any advice for this type of property - does it affect the value and feasibility of the sale.

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TreadSoftlyOnMyDreams · 17/04/2026 15:46

Friends bought one. It took a year to go through with no family dispute and there's a dependency on the land registry being updated I think which took months.

Somersetbaker · 17/04/2026 16:25

The first point is that it can't be sold by the executor(s) until probate has been granted, the will may then be contested, are you prepared/able to wait? The second is that they are sold as seen, if there are any queries ( does the boiler work, when was it last serviced etc) the seller will just say "not known".

WeAreNumpties · 18/04/2026 02:21

I was involved in a dispute. It took four years before we could get probate and sell the house.

Lavenderflower · 19/04/2026 11:04

Thank you for the replies - it’s sounds like I should run from this property. Apparently probate has been granted but they got a hearing next month.

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Lavenderflower · 19/04/2026 11:05

WeAreNumpties · 18/04/2026 02:21

I was involved in a dispute. It took four years before we could get probate and sell the house.

Did this affect the value?

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mondaytosunday · 19/04/2026 11:10

I thought it couldn’t be sold unless title was free and clear? If it isn’t then I wouldn’t touch it. I’ve bought probate houses before but only after probate granted. The hold up might be the agreement of possibly several parties to the sale price.

WeAreNumpties · 19/04/2026 12:36

Lavenderflower · 19/04/2026 11:05

Did this affect the value?

No, once we could sell it it sold at expected value.

NewHouseNewMe · 19/04/2026 12:38

You can buy a property once or probate is granted. I did and it all went through very smoothly.

northernruth · 19/04/2026 14:18

It sounds like the claim is against the estate, not attempting to prevent probate being granted. I would enquire of the agent but it's likely that you can buy the property and then the claim would be against the executor for a slice of the proceeds - i.e. not affecting you at all

DeftWasp · 19/04/2026 19:14

Yep, if probate has actually been granted the executor can sell the property, they will have to hold the money pending the outcome of the case.

However if the executor is a family member rather than a solicitor they may prefer to hold on to the asset until it is concluded to avoid any potential dispute over the sale price.

Lavenderflower · 20/04/2026 15:19

I have looked up the case online - it doesn’t give details part 8 claim - inheritance (provision for family/dependents. It list an administrator vs another person who I assume is a family. I queried again with estate agent who confirmed previous sale fell through due to legal issue and is going back to court next month.

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