Exchanged - Owner now passed away

Mojisola

Rushed44 wrote: »

Vendor wanted a 3 month completion as she was using the time to have work done to a flat she owned that she was moving into.

pinkshoes wrote: »

As the death between exchange and completion was unexpected, where was the woman planning on living once the house was sold?

If she was planning on a retirement home, then surely the money from the house would have been massively eaten into? I'm assuming those amounts in the will were percentages rather than specific amounts?

There is more to the estate than the house Rushed has bought.

POPPYOSCAR

hmmm....

all we need now is 'the dog buried in the garden'.......

bigstevex

POPPYOSCAR wrote: »

hmmm....

all we need now is 'the dog buried in the garden'.......

And the dog to have been a witness to the new will...

oldwiring

Not sure that, if OP can or is enabled to make/acquire s transcript of this thread, it should be removed incase the opposition tries to use it.
very irregular BUT!

My takes:
Solicitors have varying skills and competences. A conveyancing practitioner may well be unversed in dispute and litigation over wills and such. OP needs ensure that someone with the right competence is involved.

Very humbly, I'd suggest OP consider whether standing on rights is a good choice. I'd weigh up the potential loss now of withdrawing against the potential high costs of defending/ dealing with a case with a seemingly adamant and difficult adversary.

Two similar interesting links:
https://www.clough-willis.co.uk/personal-law-services/dispute-resolution/contentious-probate/costs-of-contentious-probate-proceedings/
https://www.wrighthassall.co.uk/knowledge/legal-articles/2013/04/26/how-much-does-it-cost-dispute-will/

Might the mortgage lender have something to say, if there's a possibility that its security for the loan could be compromised?

Really the above are just the thoughts of a person untutored in legal things as most of us are. I hope they're not too bizarre. I'll withdraw and keep silence.

paddy's_mum

I'd ask to be released from the contract. You are likely to be engulfed by a torrent of stress, anger and bitter fighting and having survived a boundary dispute in the past, I can assure you that the unrelenting struggle will make you ill!

It's a rare house that will make up for the loss of perhaps years of peace and peace of mind.

If you can reach an agreement where you withdraw, the solicitors who are the executors can carry on the battle in a non personal way and you can afford to sit back and wait for your windfall to arrive.

Life's too short to start on such a dangerous journey

LittleMrsThrifty

POPPYOSCAR wrote: »

hmmm....

all we need now is 'the dog buried in the garden'.......

Funnily enough I was thinking much the same. Perhaps with the daughter living in a caravan on the drive way?

It certainly has many of the hallmarks of those threads, although if I recall correctly the original poster replied much more regularly with an injection of good humour (the bacon being Danepak being my personal favourite) so perhaps this really is an unfortunate chain of events.

KateBob

POPPYOSCAR wrote: »

hmmm....

all we need now is 'the dog buried in the garden'.......

Buried in a bag for life with Subway meatballs?

foxy-stoat

So on 15th August the daughter wants to move back in as it was a childhood home ( she still needs to buy the place ).
On 16th August she wants to charge the OP another £80K and he can buy it - oh and come to a meeting please - the OP would of been told at that point that he was mentioned in the Will, not come to the office for a meeting.
On 21st August it now transpires that the OP and Bro are getting £300K each from the Estate and the daughter is only getting £50K - and the daughter told all this to you?
House purchase and the OP getting £300K are separate issues.
If she tries to stop the sale it WILL cost the Estate thousands - her solicitor would of advised her that, she can contest the Will if she wants, she may win or lose but it should not effect the sale.

Probably best to look for somewhere to rent and sit back and wait for the compensation for the breach of contract and wait another year or 2 for the £300K to come your way.

SmashedAvacado

I would serve a notice to complete on the completion date and make it clear you want them to sell. If they fail to sell you have a claim for damages. You might not pursue that but its in your pocket if you want it. The damages would be the losses arising from the failure to sell - subject to your duty to mitigate. That would include the difference in cost of buying somewhere else, your fees, and the cost of having to find somewhere else in the meantime - offset by any benefit you have had from not completing.

SmashedAvacado

foxy-stoat wrote: »

Probably best to look for somewhere to rent and sit back and wait for the compensation for the breach of contract and wait another year or 2 for the £300K to come your way.

You can't sit back and wait for compensation - as damages as subject to your duty to mitigate.