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    • DS1101
    • By DS1101 8th Jun 17, 12:33 PM
    • 5Posts
    • 0Thanks
    DS1101
    About to exchange on a house thats now part of a contested estate in a will. Help!
    • #1
    • 8th Jun 17, 12:33 PM
    About to exchange on a house thats now part of a contested estate in a will. Help! 8th Jun 17 at 12:33 PM
    Good afternoon,

    Not sure if anyone is going to be able to shed some light on this for me but worth a go!

    Me and my partner have been going through the process of buying a house, a little bit of background on the people were buying from is.... The lady who owned the house has passed away unexpectedly and left the house or atleast a majority of it to her daughter. She had a partner who lived with her at the house but from my gathering, on limited information i've have, is that they weren't married and been together around 12 years. This man is the one who was there through viewing, we've had 2 surveys done, our own and the banks too and had a heating engineer round there at our expense to check on the heating system as that didn't seem to work.

    We've raised numerous queries to this mans situation and been told his getting a considerable cut from the house sale and that it was all ok. We were just at the stage of discussing exchange dates and i've gotten a phone call informing me that the man living in the house (the partner to the deceased) is now contesting the will and wants to keep the house to himself.

    It all sounds like pure greed, the whole family doesn't seem to have much money. So i think the entire estate is this house, so he would have to buy the house share off the daughter and from the looks of it he wont have anything other than his share in the house himself and wont get a mortgage for the rest at his age. Grant of probate has been issued which has taken the family around 6-7 months to sort and completed a few weeks ago.

    Can he do this basically at such a late stage in the sale? Once everything has been agreed between them til now? Is there anything to stop the daughter from continuing with the sale too? Has he left it too late to spit his dummy out?

    Any info would be greatly appreciated. Were not sure if we desperately need to start looking for another place or if this is just a slight delay and should be ok. We have a 1 year old daughter to think of, we're living between 2 sets of parents as we moved out of my studio flat, so were seperated from each other til we move, its not healthy for our little girl!

    Thank you!
Page 2
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 8th Jun 17, 4:34 PM
    • 1,504 Posts
    • 2,079 Thanks
    ScorpiondeRooftrouser

    I've had a look at other properties on the market now and really there is nothing available to buy within a 10miles radius of this property that we can afford to buy. So only thing we can do is wait and see if this pans out and hope that something else pops up in the coming weeks. Our mortgage offer is valid til end of september. We may still be able to use it if we find somewhere in time i guess!
    Originally posted by DS1101
    If it's the only thing you can afford within 10 miles then they are almost certainly selling it too cheaply unless there is something wrong with it; that could be why one of them has decided they are not happy.
    • G_M
    • By G_M 9th Jun 17, 12:08 AM
    • 39,676 Posts
    • 45,191 Thanks
    G_M
    If Probate has been granted, then for £10 you can purchase the will.

    Probate simply confirms that
    a) inheritance tax is paid
    b) the applicant (Executer or Administrator) is authorised to administer the estate.

    So after Probate the Executer can start to access the bank accounts, sell the property and distribute the estate as the will instructs.

    But that does not stop people contesting the will, and or contesting the way the executer distributes it.
    • DS1101
    • By DS1101 13th Jun 17, 2:07 PM
    • 5 Posts
    • 0 Thanks
    DS1101
    An update incase anyone is interested.

    The man is infact the ex partner. They were no longer in a relationship for quite some time but he had not moved from the property.

    The house was solely owned by the lady and left to the daughter in a will, none to this man. To help him to move elsewhere to enable them to sell the house it was agreed he would have a sum of money from the sale. He had not put anything into the house himself, he has a limited income aswel and isn't maintaining the property.

    I've been told that they are trying to get the sale moving by agreeing to hold the funds from the sale until they can agree on how much he will receive. If he doesn't agree to this then they are going to start formal proceedings to get him removed from the house. So i guess he is just seen as a tenant without an agreement? :s

    Still complicated, could still be a lengthy process and there is still nothing that we like and can afford to buy! so i guess were just going to have to play a waiting game on this one and hope it doesn't drag out too long.
    • xylophone
    • By xylophone 13th Jun 17, 3:21 PM
    • 21,654 Posts
    • 12,452 Thanks
    xylophone
    I hope that the daughter is taking legal advice from an appropriately qualified and experienced solicitor.
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