Probate, contested will, house purchase

milkybar2021

Hi all, 

We've been waiting on the top of of our chain getting probate for their property since October. 

Today the estate agent informed us that the will had in fact been contested.  Frustrated doesn't cover it! We have been misled throughout, consistently told the probate could be granted any day. We will miss out on thousands on legal fees, surveys and loss of l stamp duty holiday due to the untruths we have been told. 

The estate agent today has claimed the following...

"The will is being disputed and the matter has not been fully resolved. However, Mr X has been given permission to sell the property with the proceeds of the sale going to the contested Estate, to be divided at a later date. He is expecting the grant to be issued any day now so that he will be able to sell the property."

Does anyone know if this is possible? Or are we being further misled? 

I woild really appreciate any help, we are a young family and desperate to move! 

Thanks! 

AdrianC

"Probate will be granted any day" isn't a lie - it's just optimism, no more. Nobody can possibly ever know if there's going to be a delay, right up until it IS granted.

It has been all along, and it still is.

Still, you're ready to exchange and complete, soon as it is, right...? So you could still have the keys next week! (Or it might be next October.)

tellmeagain

It should be your solicitor liasing with the other side and advising you on this and giving you their legal advice...not the estate agent..they are not qualified to pass comment really..i would contact your solicitor instead. Normally by this point in a sale most communications are dealt with between the solicitors and their respective clients. 

kazwookie

Start looking for something else, do not spend any more money on this property searches etc.

user1977

It's certainly plausible that there's no dispute the house ought to be sold, just about what happens to the proceeds afterwards. I'd be more convinced by the story being relayed via the relevant solicitors though, rather than whatever spin the estate agents might want to put on it.

PollyWollyDoodle

I’d ask your solicitor to take it up with their solicitor, rather than relying on what the EA says. However in principle, yes it is possible that they could have permission to proceed with the sale - the dispute is likely to be with how the money is divided, rather than with the sale itself. 

Thrugelmir

edofbristol said:

The estate agent today has claimed the following...

"The will is being disputed and the matter has not been fully resolved. However, Mr X has been given permission to sell the property with the proceeds of the sale going to the contested Estate, to be divided at a later date. He is expecting the grant to be issued any day now so that he will be able to sell the property."

Does anyone know if this is possible? Or are we being further misled? 

I woild really appreciate any help, we are a young family and desperate to move! 

Thanks! 

Seems totally plausible. As delaying the process of probate makes absolutely no difference to the dispute relating to the division of the assets of the estate. 

milkybar2021

user1977 said:

It's certainly plausible that there's no dispute the house ought to be sold, just about what happens to the proceeds afterwards. I'd be more convinced by the story being relayed via the relevant solicitors though, rather than whatever spin the estate agents might want to put on it.

Plausible yes. But does anyone know if it is legally possible? 

The Stamp duty deadline has forced out hand in pushing forward with the legal work, coupled with the scarcity of properties in the area we are looking at and (perhaps naively) the word of the estate agents involved. 

Slithery

edofbristol said:

user1977 said:

It's certainly plausible that there's no dispute the house ought to be sold, just about what happens to the proceeds afterwards. I'd be more convinced by the story being relayed via the relevant solicitors though, rather than whatever spin the estate agents might want to put on it.

Plausible yes. But does anyone know if it is legally possible? 

Yes, it is.

user1977

edofbristol said:

user1977 said:

It's certainly plausible that there's no dispute the house ought to be sold, just about what happens to the proceeds afterwards. I'd be more convinced by the story being relayed via the relevant solicitors though, rather than whatever spin the estate agents might want to put on it.

Plausible yes. But does anyone know if it is legally possible? 

Yes, it's possible. It depends what exactly they mean by "the Will being disputed", but if they're not arguing about who the executors ought to be or whether something else ought to happen with the house, then it doesn't necessarily anybody wants to throw a spanner into the conveyancing.

milkybar2021

user1977 said:

edofbristol said:

user1977 said:

It's certainly plausible that there's no dispute the house ought to be sold, just about what happens to the proceeds afterwards. I'd be more convinced by the story being relayed via the relevant solicitors though, rather than whatever spin the estate agents might want to put on it.

Plausible yes. But does anyone know if it is legally possible? 

Yes, it's possible. It depends what exactly they mean by "the Will being disputed", but if they're not arguing about who the executors ought to be or whether something else ought to happen with the house, then it doesn't necessarily anybody wants to throw a spanner into the conveyancing.

Thanks for the guidance. I really appreciate it. I will contact my solicitor in the morning. Presumably there should be some sort of evidence for this agreement?