Possible questions to ask?

Kenco1991

Hello,

I posted a similar question in the wrong area, so I’ve been sent here. 

I’m a bit of an outsider with my issue. So I’m just seeing if anyone has any advice on what questions I could ask the vendor. I’m in the process of buying a house which is going through probate. I had an offer accepted in September. And I’ve been told the executors had applied for the grant of probate in November.  

As of now, probate still hasn’t been granted. And the sellers solicitors are terrible at getting back to mine. I’ve managed to get hold of the sellers contact details, but I’m not sure what questions I could ask him as to what the delay is.

The trouble is, he’s based overseas and has left the solicitors to deal with everything. Obviously I can’t speak to his solicitors and I think he’s happy to chase them, but is there anything specific I could ask him to take to them to see either what the delay is, Or in a perfect world, get things moving a bit quicker?

All I’ve been told so far is there’s a delay due to COVID, but 19 weeks still seems an excessive delay for probate under the tax threshold? Unless the fact there’s a couple of overseas beneficiaries is what the issue is.

Keep_pedalling

The fact that the vendor is using a solicitor for probate is almost certainly going to extent the probate to a considerable degree, and they are also notorious for getting information from even if you are the main beneficiary.

All I can suggest is that ask if he has been given an estimated timescale for getting probate. If he has not got one I would give hive a short deadline to get something definitive or you will withdraw your offer. 

eleanorviolet

Kenco1991 said:

Hello,

I posted a similar question in the wrong area, so I’ve been sent here. 

I’m a bit of an outsider with my issue. So I’m just seeing if anyone has any advice on what questions I could ask the vendor. I’m in the process of buying a house which is going through probate. I had an offer accepted in September. And I’ve been told the executors had applied for the grant of probate in November.  

As of now, probate still hasn’t been granted. And the sellers solicitors are terrible at getting back to mine. I’ve managed to get hold of the sellers contact details, but I’m not sure what questions I could ask him as to what the delay is.

The trouble is, he’s based overseas and has left the solicitors to deal with everything. Obviously I can’t speak to his solicitors and I think he’s happy to chase them, but is there anything specific I could ask him to take to them to see either what the delay is, Or in a perfect world, get things moving a bit quicker?

All I’ve been told so far is there’s a delay due to COVID, but 19 weeks still seems an excessive delay for probate under the tax threshold? Unless the fact there’s a couple of overseas beneficiaries is what the issue is.

Hi there,
I'm experiencing a very similar issue as the property at the top of the chain is still awaiting probate but us being the end of the chain, means we receive little updates and there isn't much we can do. The client supposedly spoke to a manager at the probate office who looked at the application and confirmed all docs were processed on Jan 3rd (even though they received them 11th Dec) and just said it should be granted 'imminently'. Trouble is, they've all been telling the client this since January so I believe they are just reading from a script. We are now at 12 weeks so you are ahead of us which isn't encouraging. I've sort of accepted there's nothing we can do as we are not the executor. Such a frustrating system it seems.
Sorry this isn't much help!
Thanks

Marcon

Keep_pedalling said:

All I can suggest is that ask if he has been given an estimated timescale for getting probate. If he has not got one I would give hive a short deadline to get something definitive or you will withdraw your offer. 

That's all well and good, but OP might really, really want the property...so not the best approach if that's the case.

OP, if your heart is set on this property, there is nothing to stop you proceeding to exchange of contracts on a conditional basis if the vendor is willing to go that route. Set a long stop date by which completion needs to take place (and therefore probate must have been granted), failing which you will get a full refund of any money which changed hands at exchange; and see if you can also get a requirement written in that you'll get your legal fees back as well.

Marcon

Kenco1991 said:

The trouble is, he’s based overseas and has left the solicitors to deal with everything. Obviously I can’t speak to his solicitors and I think he’s happy to chase them, but is there anything specific I could ask him to take to them to see either what the delay is, Or in a perfect world, get things moving a bit quicker?

All I’ve been told so far is there’s a delay due to COVID, but 19 weeks still seems an excessive delay for probate under the tax threshold? Unless the fact there’s a couple of overseas beneficiaries is what the issue is.

Maybe ask for written evidence that probate was applied for in November - or at the very least, ask them to confirm which probate office is handling this.

Overseas beneficiaries are unlikely to be having any impact - it's the executors who are handling things.

Kenco1991

Thanks everyone for your suggestions.

Yes it’s going through privately as its a property I have my heart set on. The sellers have agreed they will not list it for sale under any circumstances, so I wouldn’t feel comfortable threatening to pull out under the basis. As it would be an empty threat in all honesty!

I will ask my solicitors regarding exchanging, as in all honesty I don’t plan on moving in straight away as it needs a lot of work. I believe at least if I can exchange, I may be able to make an agreement that I can go in and decorate?

castle96

solicitors = delay.... solicitor = delay..........................................yawn

Marcon

Kenco1991 said:

Thanks everyone for your suggestions.

Yes it’s going through privately as its a property I have my heart set on. The sellers have agreed they will not list it for sale under any circumstances, so I wouldn’t feel comfortable threatening to pull out under the basis. As it would be an empty threat in all honesty!

I will ask my solicitors regarding exchanging, as in all honesty I don’t plan on moving in straight away as it needs a lot of work. I believe at least if I can exchange, I may be able to make an agreement that I can go in and decorate?

You can ask but you may not get agreement. A conditional exchange is much less compelling than an unconditional one - expect some extra layers of paperwork if you do try for that, but nothing lost by asking.

Kenco1991

This forum must be a good luck charm! I’ve just checked the registry and probate has finally been granted. So I’ll be chasing the solicitors like crazy now I know it’s in.

Thank you all for your thoughts on this!

poppystar

Kenco1991 said:

This forum must be a good luck charm! I’ve just checked the registry and probate has finally been granted. So I’ll be chasing the solicitors like crazy now I know it’s in.

Thank you all for your thoughts on this!

Enjoy the house!