Grant of Probate

robatwork

Slithery wrote: »

I believe that the record in this country is the Jennens vs Jennens case which only collapsed on all sides after 117 years when the entire estate had been consumed by legal fees.

Fascinating case and one that cements lawyers' reputations as marginally above Estate Agents.

kingstreet

IMHO, people should not be permitted to market a property until probate has been granted, if the sale is subject to this.

AnotherJoe

As long as they are aware upfront, then I don't see an issue. Someone may find their "dream house" and be happy to wait. Or a low price may compensate. Not everyone is under pressure to move, or in a chain.
Also, given all the delays in house buying anyway, this may actually speed things up by running them in parallel. Many probates will be fairly simple and not have extreme delays.

lisyloo

kingstreet wrote: »

IMHO, people should not be permitted to market a property until probate has been granted, if the sale is subject to this.

Why should that be forced on people who are are willing to wait?

martindow

I'm not sure the increase in fees is creating a backlog unless people are obligingly dying earleir for the sake of their heirs.


As has been said probate can happen at variable speeds and there is lots of scope for delays. Sometimes the executor can be grieving and be unwilling or unable to start the process for a period. There is the practical matter of finding the will and paperwork needed to apply for the grant.


Some banks and savings and pension providers are quicker at responding to paperwork than others. Then there is a wait getting an appointment and sorting out the payment of IHT if that applies.



Using a solicitor seems to slow down the process and there have been some horror stories of huge delays and enormous fees being charged. Even if you use a solicitor you still need to do the legwork getting the paperwork needed.


You need to get some accurate information from the estate agent to find out exactly where they are in the process.

nyermen

I'm in this position, offer accepted, waiting for "grant of probate" before we can proceed. Not exactly sure when it was applied for, at least 3-4 weeks a go. I'm told it's a simple estate, 3 beneficiaries, property plus chattels is about all (minus an equity release on the property).
Fortunately, I've a rental contract until end of 2019, where I can give 2 months notice at any point mean time.

kingstreet

lisyloo wrote: »

Why should that be forced on people who are are willing to wait?

Presumably they aren't willing to wait indefinitely and there is virtually no way of accurately speculating on how long it might take for probate to be granted?

On newbuilds we're happy to tell people they should be getting a long-stop written into their contract; but no such advice for probate cases? It just feels inconsistent.

Without probate there is no right to sell the property and no-one really knows when/if it will be given.

getmore4less

kingstreet wrote: »

IMHO, people should not be permitted to market a property until probate has been granted, if the sale is subject to this.

makes no sense not to run the process in parallel.

An executor can even exchange contracts before they have the grant.

Most solicitors won't do that as the contract really needs extra clauses to avoid some of the pitfalls.

With complicated estates Executors can apply for a special grant to just sell the house, which in some cases may be beneficial to bot the estate and any potential buyers.


When dealing with probate properties you need to do some extra due diligence before spending money

Check the vendor and beneficiaries are committed to the sale.
Check where in the process the grant application is.
Check that vacant possession is not going to be disrupted.

If everyone is lined up getting the paid for work done as soon as the grant is issued should not cause undue delay.

harkessmd

All in the same situation;

Turns out from a number of recent news reports the "geniuses" in government have done away with humans and gone to a 'fast, streamlined' computer system (which has gone t*ts up)

Delays are on average 7-8 weeks from submission.:eek: