Probate - mid house sale

KittyMac

We have just applied for the Letter of Undertaking for mums house to pay for her care fees. She is quite poorly and we have no idea how long she may be in care for. I just wanted to know if she dies half way through the house being sold does that stop the sale as then probate is enacted? If so how long does it take if there are no complications - the house is worth about £700k, she has both hers and my late father's inheritance thresholds - she has no debt and just £10k in cash left.  Just wondered if it is a deal-breaker on the sale of the house and if there is anything I can do in advance that would help should it happen.

Mojisola

KittyMac said:

We have just applied for the Letter of Undertaking for mums house to pay for her care fees. She is quite poorly and we have no idea how long she may be in care for. I just wanted to know if she dies half way through the house being sold does that stop the sale as then probate is enacted? I

This happened to me.

One buyer pulled out because of the wait to get probate but the house sold very quickly after it was granted.

Thrugelmir

A POA lapses on death. 

Flugelhorn

it does stop the sale as no-one can sell the house until probate granted

Thepeoplespal

Probate is taking a minimum of 8 weeks at the moment after the forms have been filled in, my Brother-in-Law is currently waiting for probate in order to be able to sign a contract to sell his dad's house.   If you are the main beneficiary of the will you will probably not have to pay probate as you will have circa £900k of nil rate thresholds (but don't quote me - speak to a probate solicitor), if you don't qualify as the house being sold, you might need a small loan to cover the 1st installment of probate.

So perhaps getting the paperwork ready for probate might also be something that you can do, things like gifts to family for the last 7 years, getting all bank accounts and statements for the last 7 years etc etc.  It is surprising how difficult this is after a parent has died, as a smell or mention of something can trigger your memories.   If you can get it done early it might make things easier to complete.