Help... Probate gone wrong? I think?!?

lookstraightahead

Someone has died and these things take priority. So yes it could be delayed by a very long time.

Even in 'normal' circumstances you can lose all of that money as anyone can pull out prior to exchange, including you.

Probate sales are notoriously more difficult. 

brianposter

ic said:

brianposter said:

Ask for a copy of both wills and draw up a contract accordingly ?

Can't buy the house without probate, and won't have the probate until the wills validity has been sorted.

I have twice bought houses in a foreign country before probate was granted. It was simply a matter of drawing up an appropriate contract. The last one was by drawing up a rent to buy contract with all the beneficiaries, the previous one was an entirely different arrangement which was accepted by the mortgage company.

brianposter

greatcrested said:

Plus - who is going to give you the wills? No one. And they don't become publicly available until.... Probate is granted.

Why would anyone refuse to show you a will if there was a good reason for doing so ?

Thrugelmir

brianposter said:

greatcrested said:

Plus - who is going to give you the wills? No one. And they don't become publicly available until.... Probate is granted.

Why would anyone refuse to show you a will if there was a good reason for doing so ?

What good reason is there? None of their business what the will contains.   

lookstraightahead

brianposter said:

Ask for a copy of both wills and draw up a contract accordingly ?

So hang on - the beneficiaries don't even know what's happening with the wills but someone is going to hand over everything to a complete stranger?
I'm sure selling the house has dropped way down the list as the moment.
How stressful for the deceased's family.

bpj

brianposter said:

ic said:

brianposter said:

Ask for a copy of both wills and draw up a contract accordingly ?

Can't buy the house without probate, and won't have the probate until the wills validity has been sorted.

I have twice bought houses in a foreign country before probate was granted. It was simply a matter of drawing up an appropriate contract. The last one was by drawing up a rent to buy contract with all the beneficiaries, the previous one with an entirely different arrangement which was accepted by the mortgage company.

The point here is that the beneficiaries have not been determined, so who is signing the contract?

pbartlett

all wills are public documents and anyone can get a copy of any will - even those decades old.

hazyjo

pbartlett said:

all wills are public documents and anyone can get a copy of any will - even those decades old.

As someone has already said - after probate.

Thrugelmir

bpj said:

brianposter said:

ic said:

brianposter said:

Ask for a copy of both wills and draw up a contract accordingly ?

Can't buy the house without probate, and won't have the probate until the wills validity has been sorted.

I have twice bought houses in a foreign country before probate was granted. It was simply a matter of drawing up an appropriate contract. The last one was by drawing up a rent to buy contract with all the beneficiaries, the previous one with an entirely different arrangement which was accepted by the mortgage company.

The point here is that the beneficiaries have not been determined, so who is signing the contract?

Who ever has been nominated as being the executors of the estate.  Beneficiaries aren't always executors. 

getmore4less

This will a waiting game,
I would start the process of looking for another property just in case if you need to be progressing with your move.

The probate application has stalled because someone is claiming there a new will.
if they have it and it is legal and there is no dispute over that, like made with undue influence or lacking capacity then that should be fairly straight forward as the capital return for IHT should be very similar if not the same unless it highlights some new assets that need including in the inventory
.
May need adjustments to the PA1 form if executors have been changed but that is simple change.

Does however need cooperation by the parties involved to progress smoothly

The content and beneficiary list is not part of the application process but could impact the sale if someone new involved wants the house.

It is possible to proceed to exchange of contracts before probate with the necessary extra clauses but rarely recommended.
(the grant would be needed for completion)

This all assumes the property was solely owned by the deceased  and not jointly owned or party in trust (with trustees named as legal owners) as a grant would not be required to proceed with the sale. 

For the sake of £3  might be worth checking the land registry if not all ready done as many still think you need probate for tenant in common ownership when one parties dies.