Shouldn't probate be enough?

Sandbain

My partner died leaving me in his will as sole beneficiary this includes a mortgage for the family home to take over.This is no issue for me but I am having a hard time with his mortgage lender.It seems every week they are asking for something else,another wage slip etc.Their current request is for a letter from the solicitor stating I am sole beneficiary of the property (which Is stated in the will) I have sent them a copy of probate which allows the executors to carry out the instructions of the will.But the probate is not in my name as I am the beneficiary.I have also given them a copy of the will which is stamped and signed by the solicitor.Is this a reasonable request or just an unnecessary expense?

Yorkshireman99

Sandbain wrote: »

My partner died leaving me in his will as sole beneficiary this includes a mortgage for the family home to take over.This is no issue for me but I am having a hard time with his mortgage lender.It seems every week they are asking for something else,another wage slip etc.Their current request is for a letter from the solicitor stating I am sole beneficiary of the property (which Is stated in the will) I have sent them a copy of probate which allows the executors to carry out the instructions of the will.But the probate is not in my name as I am the beneficiary.I have also given them a copy of the will which is stamped and signed by the solicitor.Is this a reasonable request or just an unnecessary expense?

They are being totally unreasonable. Lodge a formal complaint under their complaints procedure.

sammy1234567

Often these finance companies have a bereavement team who sometimes talk a little bit of sense in difficult circumstances. You could try approaching them if there is one.
As you've given what appears to be a certified copy of the will it ought to be accepted.
(in my case, a bank asked for the original Grant of Probate, not a copy, plus the original Death Cert as well as all my ID docs.)

Sandbain

Thank you for replying. I think they are being unreasonable too.I have tried to explain that that is the point of probate but they keep saying the underwriters won't proceed with the application without it.I have sent an email asking to put the reason for their request in writing because I feel like complaining.Just wanted to check if this may be normal practice.

Sandbain

They have the original probate document.Sent straight from the solicitors.

RAS

Ask to speak to the bereavement team. If they do not have one make a formal complaint.

Sandbain

Yorkshireman99 wrote: »

They are being totally unreasonable. Lodge a formal complaint under their complaints procedure.

Do you think if I make a fuss it could effect the decision about giving me the mortgage? I don't want to make things anymore difficult by having to change lenders.

Yorkshireman99

Sandbain wrote: »

Do you think if I make a fuss it could effect the decision about giving me the mortgage? I don't want to make things anymore difficult by having to change lenders.

If they do it will be further grounds for complaint.

getmore4less

Is this a new mortgage application

ie. you were not on the mortgage on the property you are inheriting(just the equity)?

If that is the case this is not as straightforward as you might think.

you cannot inherit a mortgage.


How was the house owned

Sandbain

getmore4less wrote: »

Is this a new mortgage application

ie. you were not on the mortgage on the property you are inheriting(just the equity)?

If that is the case this is not as straightforward as you might think.

you cannot inherit a mortgage.


How was the house owned

The house was not in joint names even though we were together 18 years.I have applied to take the mortgage into my name he left the property interest to me.The way it has been worded is
'' I give all my share and interest in my property at .......subject to and charged with the payment of all principal sums and interest secured thereon by way of mortgage or otherwise at my death to.(myself) we have 2 children it's the family home.The mortgage payments are not an issue.I understand they need to check I can afford it but they won't even make the decision until they have proof of the proof.

Sandbain

getmore4less wrote: »

Is this a new mortgage application

ie. you were not on the mortgage on the property you are inheriting(just the equity)?

If that is the case this is not as straightforward as you might think.

you cannot inherit a mortgage.


How was the house owned

I also understand I need to be checked as if it's a new mortgage.But they cannot seem to tell me why I need further proof They have the probate document and the will.What will having having a further letter from the solicitor achieve?If they won't accept probate and a will why will a solicitors letter from the same solicitor be sufficient proof of being the benefactor