I’m buying a house but probate is very delayed... help!

CatMcO

I am buying a house in Devon, after having some my property earlier this year. We sold suddenly, and sooner than expected because my buyer was in a rush, so when we were looking, we advised all of the estate agents that we were looking for a property to move into ASAP, and that we were looking for places that were empty already, or that the owners were going into rented accommodation- for the quickest sales.

My conveyancers sold my house for me and do everything online, I was very happy with them, so I stuck with them.

We settled on a house in Newton Abbot, the only fly in the ointment was that the vendor had put in a 2 week period of exclusivity on the property... so if we wanted it, we would have to wait for that - and up until that period of exclusivity, someone else could buy it (the person who was given the exclusive).

So we waited, because it was the right house. Got to the end of the exclusivity period and the estate agents rang us on the last day, saying they were sorry but it had just been sold to the person who had exclusivity. (Damn). So we went back to looking. Later that day, the estate agents phoned again and told us that the person who wanted to buy the house didn’t have the funds, did we still want it? YES!!!

So we get the ball rolling, order searches, I sort out my mortgage etc..

The estate agents are desperate for me to use their lawyers, keep telling me how fast they are, how much better than my conveyancers etc etc. So I switch (stupidly) and waste a week, because the lawyers are so slow they haven’t even contacted me after a week to get things moving.

So I go back to my original conveyancers, who are lovely.

Anyway, we are waiting and waiting on responses from their solicitors for the queries, and when they finally come through, I am advised that probate still hasn’t been finalised. WHAT PROBATE?

I had never been told that probate wasn’t through or that it was even an issue, had been told that there was nothing holding things up (apart from my “terrible” conveyancers, who had the gall to send over queries) and now I’m stuck.

We were meant to complete mid April. We have had to rent a place, temporarily, but I have parents and pets with me and we are about to be kicked out.

What do I do? I keep getting told that probate is imminent, but ive been told that for a month. I’m genuinely scared that I’m going to end up homeless, and renting a place is difficult because I have my pets and me, and my parents to look after. I’m single and work away from home a lot, and at the moment I’m more stressed than I have ever been!!!

Where do I stand? What should I do? Should I look for a rented place and pull out? If I don’t get this place I lose £3000 because natwest will give me that money for porting my mortgage within 4 months of closing my old mortgage down. I’ve already lost money because we’ve had to rent a temporary place and have had to put our stuff in storage!

Sorry for the essay, I just don’t know what to do.

CatMcO

*having SOLD my property earlier this year.

babyblade41

Not a lot you can do apart from walk away.

If probate hasn't been granted there maybe numerous reasons that could delay it depending on the estate

My late mothers took about 6 months if I remember correctly, that was a will in place and all IHT paid upfront .

You should always use your own legal team for future reference and not be persuaded otherwise , and generally a good high st solicitor rather than online conveyancers

Even if you ask the EA you won't necessarily get the truth

chunkytfg

Think thats bad!? I'm coming up for 7 months from offer accepted to now. Mortgage offer expires in 2 weeks, probate wasn't even applied for until 18 weeks into the buying process and the agent we are buying through originally viewed and valued the property 14 months ago and was told back then that probate application had been submitted!