Seller passing away after exchange of contracts

vitaweat

GDB2222 said:

bucksbloke said:

greatcrested said:

Renegadecrab said:

If a property is being sold by executors as the owner was not able to act for herself and after exchange she unfortunately passed away...would you still be able to complete without probate being granted as there were executors acting for her already with power of attorney?

If the 'owner' did not pass away till after Exchange, how could the executors have been selling...? Executors are not appointed till after the death!

If the attornies were selling prior to Exchange, and prior to the death, their authority under the POA ceased at the time of the death.

The executors will normally be unable to Complete until Probate is granted. See

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/can-a-property-be-sold-before-probate-is-granted/

Disagree with the above link - it is relating to a house on the market post death, rather than something that has exchanged beforehand. See legal info at http://www.colemans.co.uk/residential-property-what-happens-if-the-seller-dies-between-exchange-and-completion/

I don't doubt that the executors have to sell to the OP, but I don't see how they can give good title until they have probate?

From what I can see on the interwebs, it looks like what happens is that if contracts were exchanged before death the sale still goes ahead with the cash becoming part of the estate rather than the property.   Assuming that the house was sold at a "fair" price then it makes no real difference to the inheritors.

davidmcn

vitaweat said:

GDB2222 said:

bucksbloke said:

greatcrested said:

Renegadecrab said:

If a property is being sold by executors as the owner was not able to act for herself and after exchange she unfortunately passed away...would you still be able to complete without probate being granted as there were executors acting for her already with power of attorney?

If the 'owner' did not pass away till after Exchange, how could the executors have been selling...? Executors are not appointed till after the death!

If the attornies were selling prior to Exchange, and prior to the death, their authority under the POA ceased at the time of the death.

The executors will normally be unable to Complete until Probate is granted. See

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/can-a-property-be-sold-before-probate-is-granted/

Disagree with the above link - it is relating to a house on the market post death, rather than something that has exchanged beforehand. See legal info at http://www.colemans.co.uk/residential-property-what-happens-if-the-seller-dies-between-exchange-and-completion/

I don't doubt that the executors have to sell to the OP, but I don't see how they can give good title until they have probate?

From what I can see on the interwebs, it looks like what happens is that if contracts were exchanged before death the sale still goes ahead with the cash becoming part of the estate rather than the property.   Assuming that the house was sold at a "fair" price then it makes no real difference to the inheritors.

The problem is the time it might take for probate to be sorted out. It could easily be months before the executors are in a position to complete the sale - by which time the buyers would have been entitled to pull out and pursue them for breach of contract.