Death of vendor between Exchange and Completion

hklad

Hi all

We exchanged yesterday with completion due for Friday this week. Unfortunately our vendor passed away today.

Vendor's solicitor is now requiring grant of probate before completion (could take months), but if they are in possession of signed transfer forms would this not be sufficient?

Many thanks

marksoton

Only your solicitor can answer that as they know exactly where the transaction is at.

G_M

Blimey! You've had bad luck with this sale/purchase over the last few months.......!

Are you doing the conveyacing yourself? If yes, seek a solicitor fast.

If no, contact your conveyancer for legal advice.

hklad

G_M,

Tell me about it - thought we were there but no! (Poor old lady btw).

I do have a solicitor but the partner on my case is on annual leave today and the other partner is out of the office and the secretaries are being told by sellers solicitor that GOP is now needed. Just wanted to check.

Guess I'l know for sure tomorrow but not looking great.

Thanks

davidmcn

hklad wrote: »

if they are in possession of signed transfer forms would this not be sufficient?

No, the house forms part of the estate, it doesn't matter what the deceased had already signed in preparation for the sale.

paddy's_mum

A quick google threw up information that suggests that it is possible to apply to the Registrar of Deaths to expidite the grant as failure to complete would lead to costs being awarded against the deceased's estate.

TBeckett100

sorry to hear this. when dealing with any old person, its better to get it exchanged and completed the same day. That said it should avoid the family trying to up the price to extract a larger inheritance.

G_M

TBeckett100 wrote: »

sorry to hear this. when dealing with any old person, its better to get it exchanged and completed the same day. That said it should avoid the family trying to up the price to extract a larger inheritance.

Wow!

At what age is a seller classified as 'old' for these purposes.......?

Would it not be more sensible to seek a medical report for all sellers? After all, a 40 year old cancer sufferer might be more likely to die than a fit 70 year old.......

LEJC

TBeckett100 wrote: »

sorry to hear this. when dealing with any old person, its better to get it exchanged and completed the same day.

Hindsight is a wonderful thing.....

eddddy

paddy's_mum wrote: »

A quick google threw up information that suggests that it is possible to apply to the Registrar of Deaths to expidite the grant as failure to complete would lead to costs being awarded against the deceased's estate.

Yes. But I guess in practical terms, that may not be top of the deceased's family's agenda. (They may not even know that contracts have been exchanged, or realise the implications of not completing.)

If the 'family solicitor' was dealing with the sale, he/she may know other family members and gently prompt them to do something. If not, it might be a little more difficult.

DaftyDuck

TBeckett100 wrote: »

sorry to hear this. when dealing with any old person, its better to get it exchanged and completed the same day. That said it should avoid the family trying to up the price to extract a larger inheritance.

Of course, if you manage to do this and cut the offer price at the last minute, most old people will probably just keel over from the stress... as for the inheritance, I thought most old dears just left it to the local cat sanctuary, or had spent it all at bingo!