When is Probate not Probate

warrenb

We have used a solicitor to apply for probate and it was granted back in March. We came to sell the property and buyers solicitor has said the extracting solicitors name is incorrect on the grant and we cannot proceed (The address etc is correct just solicitors company name). We are getting this corrected (which has taken 5 months so far for some bizarre reason). But I am now in dispute with the local authority as they started the clock on council tax in March and so CT becomes payable in September (6 months after grant of probate), they are saying the grant is fine and payments must start in September. So who is right ?

warrenb

This issue is now resolved so can be removed.

lincroft1710

It would be interesting for other posters who may be in a similar position to know whether or not the original grant of probate was deemed lawful

BikingBud

warrenb said:

We have used a solicitor to apply for probate and it was granted back in March. We came to sell the property and buyers solicitor has said the extracting solicitors name is incorrect on the grant and we cannot proceed (The address etc is correct just solicitors company name). We are getting this corrected (which has taken 5 months so far for some bizarre reason). But I am now in dispute with the local authority as they started the clock on council tax in March and so CT becomes payable in September (6 months after grant of probate), they are saying the grant is fine and payments must start in September. So who is right ?

Please can you add some detail to advise how the solution was achieved.

Savvy_Sue

Agreed, this isn't just us being nosy. It's of genuine interest to know what the problem was (that the solicitor's practice was named as executor rather than a named solicitor?) and whether it was finally accepted on the original terms, OR that you had to have the grant re-issued (and in what name was that done?)

warrenb

The solution was the corrected Probate arrived. (2 months for original Probate and 5 months to change the name of the solicitor).
Would still be interested if any experts out there have an opinion on who was correct in the fist place.
1) The buyers solicitor saying it was incorrect as solicitors company name was wrong at the bottom
2) the LA who said it didn't matter as Probate had been issued and stamped correctly.