Advice Needed Regarding Probate/Solicitors

tish1267

Hello! Thanks in advance for any help. My purchase started in March this year - there's no chain and it was supposed to be a straight forward sale but now I'm not too sure what's going on.

The seller's solicitors have seemed to be awful (they're using Purple Bricks' recommendation) from the start, constantly lying about forms and stuff, but luckily my solicitors appear to be relatively decent.

Probate was never mentioned at the start of the purchase however for the past 6 weeks I've been phoning PB every other day to chase up enquiries (they were sent 6 weeks ago and haven't been looked at), and out of nowhere have been told that we're waiting for something related to probate. I spoke to my solicitors who seemed to be aware about the probate but they said probate has already been granted so no issue - just need the seller's solicitor to answer enquiries. Went back to the estate agent who have chased the sellers solicitors and they've replied with - 'they have received the grant of probate but the seller's solicitors are waiting to hear back from the probate solicitors as they need authority from them to proceed', and until that happens they can't look at the enquiries. But that doesn't sound right?

I'm wondering what my options are - the estate agents keep saying they'll escalate it, but no luck there. I've asked if the seller can chase but they can't seem to get through to him (supposedly) - is there any way I can progress this or am I best off pulling out of the sale? Feeling like I have no other choice at this point. I'm a FTB so a bit over my head.

Thanks again!

weezie7

Hi, have you thought about contacting the Probate office, to see what the delay is, or if there is still a delay, as if the Grant has been provided, my understanding is that is will be 'Public property' so anyone can view it. 

Also, have you thought about contacting the sellers solicitors direct, by phone? They might not talk to you, but it will be logged that you have called. Their details will be on the 'Memorandum of Sale' form your EA. 

TBG01

it was supposed to be a straight forward sale

They're always "straight forward" transactions. Both sides are always "keen" to get things done. The reality is one or both sides will say anything, or not say anything if it facilitates a sale

Probate was never mentioned at the start of the purchase

Case in point.

AdrianC

tish1267 said:

My purchase started in March this year - there's no chain and it was supposed to be a straight forward sale
...
Probate was never mentioned at the start of the purchase however for the past 6 weeks I've been phoning PB every other day to chase up enquiries (they were sent 6 weeks ago and haven't been looked at), and out of nowhere have been told that we're waiting for something related to probate.

No upward chain... So what did you think the situation was?

Was it "elderly person moved to care"? Because if there's one thing elderly people in care are pretty much guaranteed to do sooner or later, it's... die. Like, well, all of us (but usually in a much shorter timeframe).

Any non-probate sale can turn into a probate sale at any time.

GDB2222

”Is there any way I can progress this or am I best off pulling out of the sale?”

The reality is that they either want to sell at the agreed price, or they have changed their minds. As you can’t speak to the sellers, you have no real idea which. Certainly, nobody on this forum does. 

There’s nothing you can do about it that you haven’t already tried, so I think you should start looking around for an alternative property. Until you find something, there’s no reason to withdraw your offer. Even if you do find something, you don’t need to tell the current sellers.

p00hsticks

weezie7 said:

Hi, have you thought about contacting the Probate office, to see what the delay is, or if there is still a delay, as if the Grant has been provided, my understanding is that is will be 'Public property' so anyone can view it. 

From what the OP says, the problem does not appear to be with the Probate Office, as they say that probate has been granted.

The issue as I can make it out is that the solicitors who dealt with the probate application haven't confirmed that to the solicitors who are dealing with the house sale.

Tiglet2

tish1267 said:

 'they have received the grant of probate but the seller's solicitors are waiting to hear back from the probate solicitors as they need authority from them to proceed', and until that happens they can't look at the enquiries. 

Perhaps the sellers' names do not match the name(s) on the Probate Certificate.

Booge

I’m not sure what they mean by the “probate solicitors”. I don’t think the probate office has solicitors, just administrators. 

I would put formal questions through your solicitor rather than the estate agent as estate agents often don’t understand legalities very well and the message gets garbled. 

If the grant of representation has been issued then I can’t see what the problem is and the seller’s solicitors ought to set out specifically what it is they are doing and what the hold up is. 

rose_T

We are trying to buy a ‘confirmation’ house, this is what we call probate in Scotland. 

We honestly thought it would be a simple straightforward sale. We knew executors and buying of market. 

We first contacted the executors in June last year, took them 9mths to get confirmation (probate). There is 4 executors who don’t talk to each other which makes it difficult. 

Finally granted confirmation in April viewed and had offer accepted 12th may. I applied and had my mortgage offer on the 17th may and since then it’s been nonexistent. 

First off the sellers didn’t have the deeds they were lost so waited on them ordering a copy then other little problems. 

Due to settle on the 23rd sent solicitor fees along with deposit and 3 days before told there is a mortgage registered to property from the previous owner dated 1983. 

Previous owner has passed away around 3-4yrs ago but I fully believe the mortgage has been paid in full but was never discharged. 

Definitely keep pushing for updates 

lookstraightahead

I would pull out, and look for something else. They're obviously not in a rush either way.

GDB2222

Tiglet2 said:

tish1267 said:

 'they have received the grant of probate but the seller's solicitors are waiting to hear back from the probate solicitors as they need authority from them to proceed', and until that happens they can't look at the enquiries. 

Perhaps the sellers' names do not match the name(s) on the Probate Certificate.

Do you mean that someone, other than the executors, is purporting to sell the property?