Exchanged - Owner now passed away

david1951

davidmcn wrote: »

Highly unprofessional of them to contact another party directly when they know that you have your own solicitor - they should only be communicating with your solicitor. If that's what's happened then your solicitor ought to start by giving them a slap on the wrists.

I agree - it's against their code of conduct:

https://www.sra.org.uk/solicitors/handbook/code/part5/content.page

IB(11.4) ensuring that you do not communicate with another party when you are aware that the other party has retained a lawyer in a matter, except:

(a) to request the name and address of the other party's lawyer; or
(b) the other party's lawyer consents to you communicating with the client; or
(c) where there are exceptional circumstances;

I don't think the solicitor being on holiday qualifies as "exceptional circumstances".

marcmc84

They will have explained to her the costs she will pay out of the estate to cancel sale and so most likely advised to let sale proceed. She sounds like a gold digger anyway, if she didn't get on with the mother but then wants her house and all over it like a fly on *** I doubt she will want to hand over thousands of pounds in compensation

Hoploz

If she is lucky she will have the opportunity to use the proceeds of the sale to put towards buying her own property.

If she's not that lucky, (if they didn't get on its entirely possible she won't benefit) she will just have to carry on exactly as she was before.

G_M

Rushed44 wrote: »

An eventful morning so far.

Daughter was on the phone again asking if we had made a decision. I told her we had, it was that she should conduct all further communication through our solicitor and I would message her their details and then I said goodbye to her. I then messaged her the details.
Well done. Now monitor your incoming calls and do not pick up if she calls again. If you have the facility, block her number.


Also got an email from vendors solicitor regarding our proposed meeting. It apologised for the mix up and said I wasn't to attend.

They've realised they were breaking their Code of Conduct and could get into serious trouble with their regulatory body

They did comment on the situation stating it was highly unusual but had already contacted my solicitor to move forward.
Yes unusual, but they are solicitors - their job (for which they trained) is to deal with unusual legal situations!


I guess now it's a case of simply waiting.

Yes. But speak to your solicitor asap.


If he's on holiday, is there anyone else in the firm or is it a one-man-band?

BrassicWoman

Rushed44 wrote: »

An eventful morning so far.

Daughter was on the phone again asking if we had made a decision. I told her we had, it was that she should conduct all further communication through our solicitor and I would message her their details and then I said goodbye to her. I then messaged her the details.

Also got an email from vendors solicitor regarding our proposed meeting. It apologised for the mix up and said I wasn't to attend. They did comment on the situation stating it was highly unusual but had already contacted my solicitor to move forward.

I guess now it's a case of simply waiting.

This is all good. I wish you strength and patience!

Mojisola

Rushed44 wrote: »

The daughter called me earlier today. The upshot is she is moving in. It's her childhood home and she knows nothing of any sale

Rushed44 wrote: »

The daughter also called and we discussed the issues. She said we can continue with the sale if we up the offer by £80K.

If the daughter is very upset at the sale going ahead at the agreed price, there's a possibility she may cause problems with the house to get her own back - something to be prepared for.

G_M

Mojisola wrote: »

If the daughter is very upset at the sale going ahead at the agreed price, there's a possibility she may cause problems with the house to get her own back - something to be prepared for.

Indeed. And noway to find out till you get the keys.


When did you last view? The condition of the property at Completion should be as it was on the date Contracts were Exchanged.

getmore4less

Once things settle down it should be OK.

There is an incentive for the administrator to expedite a grant to get the sale through and they can do this just for the house if needed by getting what is known as a limited grant.


eg. if the rest of the estate has complexities that will mean a full grant will take too long it will be worth them applying for a limited grant to sell the house.

see example 2
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm05103

It would really help if there is a will with a named executor that can/will act as they can act immediately as their powers come from the will.

IN practice if non contentious and there is an obvious administrator that will be applying for the grant they can get on with the job as well.

Since you had access do you have good record of what it is you are buying just in case they do something stupid.

FreeBear

marcmc84 wrote: »

They will have explained to her the costs she will pay out of the estate to cancel sale and so most likely advised to let sale proceed.

This assumes she is an executor. If she isn't, and she is meddling in the affairs of the estate, she could end up being personally liable for costs.

D_M_E

One point to consider - have you had insurance in place since exchange?

You don't want to complete and find the place has been vandalised when you get the keys.

Also if the daughter wants to have the property herself, what will happen to the flat you mentioned?