Buying a house - probate not granted yet

ognum

DVardysShadow wrote: »

Without probate, the executors are not vested as executors and do not have the standing to offer a tenancy.

Imagine the long lost nephew from South America turns up and establishes himself as heir and executor after the supposed executors have rented the place out without probate. And suppose he wants to live in the house. Probate is not just a nuisance, it has a very practical purpose.

Also, if I was moving out of existing accommodation, I would want an exchanged contract. The executors cannot do this either without probate

Actually it can be done because I have done it. If you are the executor you can decide what is done with a property until probate, your duty is to do the best for the estate.

if the afore mentioned long lost nephew returns then his need need to be consider in terms of the will and the estate.