One of the sellers died before exchange

Mrs_Packington

Hi!
We are FTB, and sellers are an old couple in their 90s - Mr and Mrs C.
At the time of property viewing, they have both moved out from the property, as Mrs C was already very poorly.

Everything was in place, and we were ready to exchange in early May. However we received news that Mrs C has unfortunately passed away over a week ago, and seller's solicitor has received the death certificate.

Our solicitor believes there can be a long delay because sellers hold the property as "tenants in common" and ownership will not be passed automatically to Mr C.

EA and seller's solicitor think that early May is still achievable.
What do you think? Is it still achievable?
All advice welcome!

Shahni

Sorry to hear that Presumably a Grant of Probate will need to be applied for, which normally takes 6 weeks or so even in a straight forward case, so your solicitor is probably being fairly realistic on the timescale.

pleasedelete

We were once buying a flat where the other flat owner died on the way to sign the way to sign a legal paper needed as there was an absentee freeholder. We gave up after 9 months and it took 3 years before it could be sold.

Annisele

I also think your solicitors are being realistic, and the EA isn't.

First you need to work out who has the right to deal with Mrs C's affairs (i.e. wait until there's a Grant of Probate). Then you need to find out if those people are willing to sell to you at the price you agreed before. That could take a while.

BrassicWoman

if my wife had just died, would selling up still be on my mind? Probably not. I may not want to sell our marital home at all.

Old_Git

Early May is out .Try July at the earliest .

Old_Git

BrassicWoman wrote: »

if my wife had just died, would selling up still be on my mind? Probably not. I may not want to leave our marital home at all.

in this case both had moved out

saabay

They won't need a grant of probate to complete the sale even if there were tenants in common. The legal estate (and therefore the power to deal with the property) rests with the survivor, in this case Mr. C. He will simply need to appoint another trustee in the transfer document to give a valid receipt.


The legal estate is distinct from the equitable estate and the tenancy in common is only concerned with the equitable estate.


They may need a grant to deal with other things (such as the proceeds of the sale or other solely-owned assets) but not the property sale itself. All that is needed is the death certificate.


Unfortunately some property practitioners do not understand this very well.

ognum

I would have thought that the issue is that the wife's part of the house may not pass to the husband but to another person who may or may not want to sell!

saabay

ognum wrote: »

I would have thought that the issue is that the wife's part of the house may not pass to the husband but to another person who may or may not want to sell!

If that were the case another beneficiary is only entitled to the proceeds of sale.

ognum

saabay wrote: »

If that were the case another beneficiary is only entitled to the proceeds of sale.

Is that true, just a question, if the house isn't sold yet then surely they have a beneficiary interest in what happens to the house, they may want to keep it?