Problem Buying a Probate Property.

My son is in the final throes of buying a probate property and probate was granted in November. As part of the recent searches done by my son's solicitors, it appears that there is an extra, mistaken name (a solicitor), mentioned as an executor on the probate document, whereas the two actual executors, were just the two children of the deceased. This person now needs to be found to 'sign himself off' the document . However, it is proving impossible to make contact with him, or he is not answering emails etc. What is the answer to this, as it is causing a huge and potentially expensive delay, which at present seems insoluble? Either, does this extra name really matter, either now, or if my son comes to sell the house, say in 10 years time?  If it does matter, what is the best way to proceed? For example, what would have happened if the 'extra' was deceased, in a coma, emigrated etc? Thank you.


  • Hoenir
    Hoenir Posts: 1,250
    First Post Name Dropper
    What actions are the executors taking? 
  • Flugelhorn
    Flugelhorn Posts: 5,420
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    edited 27 January at 1:28PM
    seems odd - if probate was granted last year then the 3rd person must have been around at that time - unless some random name was added in the application??  presume they are now selling the house and the execs need to sign the paperwork
  • Actually, I have now got a bit more information, which puts a different slant on things. Apparently this solicitor, who worked with the two executors, has to have his identity confirmed by the vendor's solicitors before they will issue a certificate of probate and the sale can proceed. However it is proving impossible to obtain,  as he is not answering phone or emails. Unfortunately, the firm he was with, who dealt with the probate at the end of last year, in no longer in business. Is there a way forward?
  • Flugelhorn
    Flugelhorn Posts: 5,420
    First Anniversary Name Dropper First Post
    The vendor's solicitors will definitely need info on the executors on the probate before they can sell the property. Need to be sure that they all agree to the sale etc 

    The work of the solicitors old company will have been taken over by another company - there is somewhere you can contact to find out who the new company are - the new company should be able to help here. Otherwise only thing would be to have exec removed from probate 
  • RAS
    RAS Posts: 32,462
    Name Dropper First Anniversary First Post
    Go to the SRA website. That will tell you where he works. Otherwise, try the Law Society.
    The person who has not made a mistake, has made nothing
  • user1977
    user1977 Posts: 13,343
    First Anniversary First Post Name Dropper Combo Breaker
    Why isn't your son's solicitor offering him any advice about this? It is what he's paying for, after all...
  • Marcon
    Marcon Posts: 10,009
    First Anniversary Name Dropper Combo Breaker First Post
    edited 27 January at 8:00PM
    user1977 said:
    Why isn't your son's solicitor offering him any advice about this? It is what he's paying for, after all...
    Quite. Your son's solicitor has all the relevant facts and paperwork, which means they are best placed to assist him. People here may be keen to throw in their thoughts, but in the absence of full and correct information, 'thoughts' may not be the best way forward.

    It might be tempting to post here in the hope of 'free' advice, but if that 'advice' is incorrect or unhelpful, it'll ultimately slow up the process and probably end up costing more. Add to that the fact that your son's solicitor (who has almost certainly seen this situation, or something similar, before) is best placed to advise on any possible reduction in the price your son is paying for the property if the hassle factor/delay becomes unreasonable...
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Thanks so much for all the very helpful comments. The basic problem is that my son's solicitors and the vendor's solicitors are having problems getting any response from the solicitor who dealt with probate whose identity they need to check. They have 'reached out' and got no response. However, as someone commented above, why have a dog and bark yourself, especially if it was an expensive dog!  I think we will just have to be patient and leave it to the professionals to sort out. This is the first time I have had experience of buying a probate property, which I understand now can be even less straightforward than a normal sale.
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