We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Can we buy a house of probate isn't granted?
sambuick
Posts: 23 Forumite
I will try and be brief.
We offered on a property in March and that offer was accepted. A condition of the offer was that we would exchange in 8 weeks and complete no more than 2 weeks later. Just as we were about to sign the contracts in readiness for exchange (early May), we received an email from the executors saying "we will shortly be in a position to apply for probate". We were shocked that our solicitor had not asked the question "has probate been granted?" but that's another story.
Anyway, our solicitor then said that as we are not having a mortgage, she can ask the executor (who incidentally is the boss of the same firm) to insert a clause in the contract which will allow us to buy the house before probate has been granted. I understand that currently there is a massive mortgage on the property and I dont see how the executor can sell the house if he doesn't actually own it. We have asked our solicitor to outline the risks to us in going forward with this strategy but she hasn't actually answered the question. She just said that they've done this before.
We are now 11 weeks into the process and probate has just been applied for. Has anyone heard of this before or can anyone give me a better explanation of the process? Any advice would be a great help, thank you in advance
We offered on a property in March and that offer was accepted. A condition of the offer was that we would exchange in 8 weeks and complete no more than 2 weeks later. Just as we were about to sign the contracts in readiness for exchange (early May), we received an email from the executors saying "we will shortly be in a position to apply for probate". We were shocked that our solicitor had not asked the question "has probate been granted?" but that's another story.
Anyway, our solicitor then said that as we are not having a mortgage, she can ask the executor (who incidentally is the boss of the same firm) to insert a clause in the contract which will allow us to buy the house before probate has been granted. I understand that currently there is a massive mortgage on the property and I dont see how the executor can sell the house if he doesn't actually own it. We have asked our solicitor to outline the risks to us in going forward with this strategy but she hasn't actually answered the question. She just said that they've done this before.
We are now 11 weeks into the process and probate has just been applied for. Has anyone heard of this before or can anyone give me a better explanation of the process? Any advice would be a great help, thank you in advance
0
Comments
-
This is a conversation you should be having with your solicitor. If probate has not been granted I can't see how the executors are in a position to sell anything. It doesn't belong to them and is not legally under their control yet.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.4K Banking & Borrowing
- 253.3K Reduce Debt & Boost Income
- 453.8K Spending & Discounts
- 244.4K Work, Benefits & Business
- 599.7K Mortgages, Homes & Bills
- 177.1K Life & Family
- 258K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards