Probate, contested will, house purchase

Thrugelmir

edofbristol said:

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? 

No. You'll need to take everybody's word on trust. There's no benefit to anybody lying. 

Are you the party buying from the Estate? 

milkybar2021

No I am not the party buying from the estate, that is further up the chain.

It's hard to take their word when they have misled previously. They have persistently told the rest of the chain that there was no dispute in the will until today. I assumed there would have to be some sort of written  agreement that they would have to pass on for probate to be granted? 

AdrianC

edofbristol said:

No I am not the party buying from the estate, that is further up the chain.

So add Chinese Whispers into the equation...

It's hard to take their word when they have misled previously. They have persistently told the rest of the chain that there was no dispute in the will until today.

Perhaps the dispute has come as a surprise to them, too...

Remember, a probate dispute may be as simple as a disgruntled second-cousin-three-times-removed sending in a stroppogram saying "BUT GREAT AUNT ENID PROMISED ME!"

getmore4less

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? 

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. 

two options,
The dispute is not relevant to the issuing of a full grant so that goes ahead.

Everyone wants the property sold, a limited Grant of Probate is issued to allow the house to be sold and the proceeds get held pending full grant.

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm05103

xylophone

Has probate been granted?
If it has, then the executor can carry on and sell the house and hold the proceeds in the estate account until such time as the dispute between beneficiaries or would be beneficiaries has been resolved.

martindow

Is it possible that the benficaries are quibbling about the price being asked for the house rather than disputing the will as such?  Someone in the family could be accusing the executors of selling too cheaply.

Jumblebumble

milkybar2021 said:

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! 

The Estate agent does not work for you
The Estate agent is only relaying what the vendor has told them which could easily be a fairy story
I bet the Estate agent has not shown you any proof that the vendor has permission to sell