Advice on frustrating probate situation

Kenco1991

Hey all,

I wonder if anyone has advice on how to proceed with the most stressful experience of my life. 

I’m a first time buyer and I had an offer accepted in September from a private sale. It’s an inherited property and it’s currently in probate. I don’t personally know the beneficiaries as they live outside of the UK. 

The last thing we’re waiting on is the grant of probate before we can exchange. According to their solicitors this was applied for on the 23rd of November. I’ve repeatedly asked my solicitors, theirs and I’ve contacted the seller directly to ask them to chase the probate office. 

Now I’m being told they cannot chase the probate office and “there’s nothing we can do because of COVID”. I get COVID is causing delays, but surely 17 weeks is ridiculous. I never hear anything unless I constantly chase people and my mortgage offer is due to expire in 6 weeks. 

I don’t want to threaten to pull out as this is my dream house and the value for money is great. I’m going to have to wait regardless by the looks of things, but I’m just seeing if anyone has anything I could ask which I might force them to chase the probate office.

thanks

AdrianC

Have a read of these...
https://www.theprobatedepartment.co.uk/probate-delays/
https://www.lawgazette.co.uk/news/probate-delays-falling-despite-pandemic-says-hmcts/5107267.article

It's not really a house question - the delay isn't directly house-related. The delay is in probate.
You may get better advice as to the current status of delays here -> https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

princeofpounds

Probate is well know to be a nightmare for delays, even outside of Covid. Probably only divorce is worse as a reason for selling, in terms of waiting! 

greatcrested

Of course backlogs in the Probate Office are only one potential issue.

If there are any isues with the application itself, that can add further delay.

Or if a Beneficiary raises objections/concerns, or a new Will is discovered, or ....

Sorry, but Probate is not like doing a Local Authority search where the timescale is simply a question of dealing with each one in turn and returning the results.........

Tiglet2

Kenco1991 said:

Hey all,

I wonder if anyone has advice on how to proceed with the most stressful experience of my life. 

I’m a first time buyer and I had an offer accepted in September from a private sale. It’s an inherited property and it’s currently in probate. I don’t personally know the beneficiaries as they live outside of the UK. 

The last thing we’re waiting on is the grant of probate before we can exchange. According to their solicitors this was applied for on the 23rd of November. I’ve repeatedly asked my solicitors, theirs and I’ve contacted the seller directly to ask them to chase the probate office. 

Now I’m being told they cannot chase the probate office and “there’s nothing we can do because of COVID”. I get COVID is causing delays, but surely 17 weeks is ridiculous. I never hear anything unless I constantly chase people and my mortgage offer is due to expire in 6 weeks. 

I don’t want to threaten to pull out as this is my dream house and the value for money is great. I’m going to have to wait regardless by the looks of things, but I’m just seeing if anyone has anything I could ask which I might force them to chase the probate office.

thanks

The good news is that, as you are a first time buyer, you don't have to also co-ordinate a sale to a very impatient buyer!  You may have to apply for an extension to your mortgage offer but you can be flexible with completion dates, even though at worst you may have to apply for a new offer if probate is still not granted.

The bad news is that it's not always a good idea to advertise a probate property for sale unless the probate has been granted.  As you have now found out, all the conveyancing work conducted for you to purchase this property has ground to a halt because the probate not yet been granted.  There is nothing you can do to hurry it along.

The vendor is really the only party that can chase this, but I don't think the probate office will necessarily be any quicker if they do that.  Do you know if the vendor applied for probate themselves, or have they instructed a solicitor to handle it?  Is the estate likely to be complicated and is there more than one executor/beneficiary?