Buying a property with a 'gap in the title' /probate query

Liney_2

Hi

I hold power of attorney for my grandmother and am handling the purchase of a bungalow for her. Our solicitor has contacted me with regards a grant of probate that the vendors solicitors are awaiting before they can progress much further which is fine. But he has also mentioned that the vendors are 'offering a gap in the title' which needs to be explained. I have asked him to clarify what this means but wondered if someone here could give me a heads up. Is this something to be concerned about? What does it mean?

The probate as I understand it is for transfer of the deeds from the gentleman (now deceased) to his wife (also now deceased) as it was not done at the time he passed away. Will it then automatically transfer to her dependants (the vendors)?

Thanks

Liney

DVardysShadow

The gap in title is essentially as you describe. It still belongs to the estate of the gentleman previously deceased, so if you buy it from the estate of the wife more recently deceased, you need to remember it was not hers to sell when alive, nor does it now belong to her estate, now she has died.

There are ways of dealing with this and ways around it, I am sure, but you will need solicitor's advice. One of the issues may be that the wife probably dealt with the husband's estate, but can no longer rectify her omission!

Liney_2

Thank you for your comment DVardyShadow

Richard_Webster

It might be to do with getting a second grant of probate but I don't think that would be the case as it should normally be possible to find a family member to apply for probate/grant of administration if someone has died. It may take a time but is doable. An executor/administrator can sell without transferring title to the beneficiaries. He gives them the sale proceeds. It saves an unnecessary registration at the Land Registry.

A gap in the title is much more likely to be something older that is more difficult to correct now and you would need to get your solicitor to explain its precise nature as there are all kinds of possible situations here.