Solicitor insisting on Land Registry DJP before completion - necessary or overly cautious?

kites44

Hoping for some expert advice on whether my conveyancer is being appropriately cautious or unnecessarily delaying our purchase.

Situation: Buying a property where both previous owners (tenants in common, Form A restriction) have died. Executors have grants of probate and are selling.

The Dispute: Our solicitor says a Land Registry DJP application (noting the deaths) must complete before exchange. She won't proceed without it, citing concerns about registering our ownership and lender's charge.

Seller's solicitor says this isn't legally required - executors have automatic authority under Administration of Estates Act 1925 and Trustee Act 1925, and death certificates/probate are sufficient. They've agreed to apply anyway but warned of 20 weeks processing time (or 10 days if expedited).

What I've Checked:

• UK Finance Mortgage Lenders' Handbook Section 5.2.1 specifically exempts "personal representatives of the registered proprietor" from normal requirements
• Lender (Nationwide) said they defer to the CML Handbook
• Can't get our solicitor to cite specific legal/handbook requirements, just vague warnings about "difficulties"

Questions:

1. Is DJP completion before exchange legally/professionally required, or standard cautious practice?
2. Can executors with probate sell using statutory powers without updating Land Registry title first?
3. What registration problem would Land Registry have with death certificates + probate + statutory trustee powers?
4. If the application is already submitted, can we still complete without waiting for it?

Facing a 4-5 month delay for something that may not be necessary. Would really value insights from anyone with conveyancing experience or similar situations.

Thanks in advance!

EssexHebridean

The 10 day expedition time is likely to be overly cautious - expediting via the LR’s contact for generally pushes things forwards in around 48 hours - although of course any requisitions that arise could still delay it further. 

I can’t think why there would be any issues around registration simply using the certified copies of grant of probate - but perhaps there is something specific in this case that is concerning your solicitor.