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Conveyancing on a probate sale

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Comments

  • retroman62
    retroman62 Posts: 58 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    edited 29 June 2023 at 4:33PM
    Yes I completely agree. I've gone back and challenged it, and they've said that because the property deeds are in my late father's name (well obviously), the Contract and Transfer needs to be drafted subject to grant of probate. Sorry, but isn't that the whole point of a Grant of Probate? It's just BS.
  • Marcon
    Marcon Posts: 15,806 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Yes I completely agree. I've gone back and challenged it, and they've said that because the property deeds are in my late father's name (well obviously), the Contract and Transfer needs to be drafted subject to grant of probate. Sorry, but isn't that the whole point of a Grant of Probate? It's just BS.
    ....for which they should already have a precedent which they can pretty much cut and paste/word replace.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • tooldle
    tooldle Posts: 1,671 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is it just the one grant of probate to deal with, or was your parent a joint owner with a deceased partner? 
    The only other issue I can think of being the will instructions being different to your planned course of action.
    Our recent purchase was of a property owned by a married couple, both deceased. The property was to be sold and shared between their children in accordance the will. What actually happened is one child paid the other off. No change of ownership was registered.
    Property put up for sale 10 years later. Quite a bit for the conveyancer to unpick.
  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes I completely agree. I've gone back and challenged it, and they've said that because the property deeds are in my late father's name (well obviously), the Contract and Transfer needs to be drafted subject to grant of probate. Sorry, but isn't that the whole point of a Grant of Probate? It's just BS.
    Why go back. Just find another.
    Golden rule, if they aren't being helpful at sale time then they won't be helpful if there are any issues.
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