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Desperately need advice- sellors solicitors gone bust and probate void

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Comments

  • Either the probate will issue in the names of individuals nominated by the previous firm in which case they can probably act or alternatively the next of kin of the deceased will have to apply for a grant of administration with the will annexed - what you do where there is a will but no executors.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • njh82
    njh82 Posts: 125 Forumite
    I have asked for clarification as to how far along the process got along and if any issues arose that would delay a re-application..really hope 3-4 weeks but we can't wait longer than that really...back to looking at property just in case!
  • njh82
    njh82 Posts: 125 Forumite
    Just a quick update for anyone interested. It seems the vendors are now getting new solicitors on board and they have receieved the file today- they 'claim' it could go through as quickly as 10 ten days...heard that before though!
  • njh82
    njh82 Posts: 125 Forumite
    Oh yes..10 days promise has disappeared and all has gone silent again..argh!
  • Frosti
    Frosti Posts: 85 Forumite
    Unless this place really is the home of your dreams, I'd cut my losses if I were you. Look for somewhere else - with funds, mortgage granted and no chain you are the golden buyer!
  • not_loaded
    not_loaded Posts: 1,187 Forumite
    Part of the Furniture Combo Breaker
    njh82 wrote: »
    Oh yes..10 days promise has disappeared and all has gone silent again..argh!
    BUT this coming Tuesday, their new solicitors have only had the file for a week. If they posted the paperwork on day one it wouldn’t be back yet, and going by my experience with solicitors I doubt they’d have been that quick to act.

    I’ve never heard a professional ‘promise’ anything like that with a deadline. It’s usually a statement like ‘if A, then B might be possible by C’ which is pretty meaningless and open to interpretation.

    Frosti is right - you’re a quality buyer at the moment. However, if it is the home of your dreams, then keep showing interest. That’s all you can do. Maybe they’ll appreciate your dedication.
  • njh82
    njh82 Posts: 125 Forumite
    well the latest is that the re-applicationh as gone in and as all the leg work was done bu previous solicitors they are hoping to get probate by the end of next week. I am a bit torn here really....its not the flat of our dreams but it was a good deal at the time. Since we have been waiting the market has crashed even further and now we feel that the offer we put in is too high as this would have dropped with the market judging by other properties in the area..we don't want to gazunder as that feels cruel but also there isn't anywhere else better at the moment ..hmm any advice?
  • not_loaded
    not_loaded Posts: 1,187 Forumite
    Part of the Furniture Combo Breaker
    Offer what you feel is right for it at the time it looks like you’re actually getting it. It might be a few weeks yet.

    If the executors aren’t happy with the offer they’ll say so.

    Only you can judge whether it’s worth paying a touch over the odds to get it. I hope it works out for you. :)
  • njh82
    njh82 Posts: 125 Forumite
    Ok so quick update..the new probate has been applied for and they say it will be in place by wednesday. however, there are lots of outstanding bits of paperwork and information. I have the vendors email and asked him for the extra bits and bobb's- he suggested they are things from the management company and shouldn't our solicitors be doing all this as thats what we pay them for. My problem is that although he is correct..assuming they are doing their job is what led to not knowing his solicitors had gone bust until after WE did! also if the original solicitors had been doing their job all that info would have been passed on. As a result we are trying to do some of the leg work ourselves as we get charged for the solicitors time spent chasing it all.

    We are seriously thinking that our previous thoughts -of offering less due to the rising costs of rent, storage and legal fees- may be valid as it is due to their sellors bad solicitors ......but I fear this is essentially gazundering and I know how bad that is--we are thinking of offering a grand less..is that awful?
  • not_loaded
    not_loaded Posts: 1,187 Forumite
    Part of the Furniture Combo Breaker
    Impossible to say. Go by #59 above.

    Don't feel bad about paying the going price.
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