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Buying house through probate, vendor found new will...
FAB
Posts: 33 Forumite
We are in the process of buying a house which is being sold through probate. Just found out the sellers have discovered a new will which they think is not legal but are seeing a solicitor tomorrow to check. My questions are - how does one get a will ratified? If this will is deemed to be legal presumably it could be challenged at a later date. If it is where we stand if we've bought the house? This is a real blow as we have had the searches and survey done, thought it was all done and dusted. Thank you.
if i had known then what i know now
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Comments
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A will usually states that any previously written wills are null and void. So it depends whether this new will was more recent than the other one.
If this newly found will is older than the will they have been using, then it won't make a difference (assuming the current will states that previous wills are null and void!)0 -
Thanks very much Lokolo. Fingers crossed.if i had known then what i know now0
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If you buy the house, you will be fine if the sellers can show that they are the executors. They have duties to the beneficiaries. your solicitor will ensure that they are dealing with the right people and that those people have the right documentation.0
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Thanks very much SmashedAvocado.if i had known then what i know now0
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Any other thoughts? Thank you.if i had known then what i know now0
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SmashedAvacado wrote: »If you buy the house, you will be fine if the sellers can show that they are the executors. They have duties to the beneficiaries. your solicitor will ensure that they are dealing with the right people and that those people have the right documentation.
Surely it depends on what the wills say ?
For example, if the will that was sent to probate says that the property be sold and the proceeds distributed to (say) A,B and C, but the will just found says that the property itself be left to D then I don't see how the sale could proceed if it turns out that the will just found is valid and post-dates the one sent for probate.
The two wills could even have different executors....0 -
It is very confusing and worrying, just as we thought we were near exchange. Thank you.if i had known then what i know now0
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