Conveyancing. Draft Contract & procedure query

Woolington

Hi all,
we are four executors/beneficiaries and have sold our inherited house STC. (All interactions are very acrimonious.)
One of us appointed herself in charge of dealing with the conveyancing solicitor and doesn't communicate.  
Today the estate agent of our house emailed to say that the Draft Contract had been sent to the buyer's solicitor.  Neither my brother or I have seen or signed it, including the protocol documents. Is this okay?

Kyresa

yes... no seller or buyer gets to see it until usually the time of signing.. they're all based on the standard terms and conditions 5th edition. 

Woolington

Hi Kyresa,
shouldn't we know in advance WHAT the contract will say? all the protocol docs have been filled in by the one person who didn't ever live in the house - there are things she definitely won't know, but hasn't consulted us on.  It's a solicitor buying the house! I don't want her to find that any documentation is wrong.

greatcrested

4 Executers. One "appointed herself in charge"

* have the other 3 completed form PA25, allowing the one to act as sole executer whilst the other 3 retain 'power reserved'?

https://www.gov.uk/applying-for-probate/if-youre-an-executor

* has probate been granted?

Assuming probate is granted but no legal arrangement has been made for the 3 to step back, all four should sign the contract. It is common sense though for one person to take the lead and complete forms etc.

The estate agent really is not a good source of information for conveyancing. You should be talking to your (yes, your) conveyancer/solicitor-  unless of course you have completed form PA25.

I assume you are all in agreement so far as the sale price is concerned?

And I assume you have instructed your conveyancer/solicitor, in writing, how the sale money is to be distributed on Completion.

Woolington

Thank you very much Greatcrested!
No PA25 has been signed and yes, Probate has been granted. 
I've received something today to sign, but no explanation as to what it is.  I'm not sure if I'm signing the Draft contract in retrospect OR the actual contract.  It makes reference to 'if we are happy with forms' but no forms have been sent to approve/check. 
Yes we are all in agreement re. price, but yikes! "And I assume you have instructed your conveyancer/solicitor, in writing, how the sale money is to be distributed on Completion." no we haven't - I didn't even know this was a procedure!
I'll ring the conveyancer today.  Thank you so much for your help.

Woolington

Update: the document I received today is THE contract.  It makes reference to 'the forms you filled in' presumably the fixtures and fittings etc.  No forms accompanied the contract, and neither myself or my brother have seen them or had any input.  
I emailed the conveyancer to ask to see them and got two shirty short replies back and she asked me to call and discuss the matter.  I did call within 5 mins of her request and 'she's too busy to take my call' ????? 
Am I being unreasonable?  

AdrianC

Woolington said:

Am I being unreasonable?  

Let's say naive, with a mild dose of overthinking.

You've filled in the form that says whether the cooker etc is staying, right? Everything else is pretty much standardised. The plot is what it is, the house is what it is. There's no chain timing issues - just "soon as the buyer's ready", right?

All you need to do is tell your solicitor which of you gets how much money when the sale completes.

Woolington

Hi AdrianC,
Let's say naive
what am I being naive about? uninformed yes. 
NO we haven't filled in a form saying whether the cooker is staying! that's the point.  WE haven't, somebody else has done it on our behalf - that wasn't the deal!