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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner's mother is in a care home and he has agreed the

Resolved Question:

My partner's mother is in a care home and he has agreed the sale of her house to pay for care. He has an enduring power of attorney. His mother is very ill and may pass away before completion of the sale. Can he still proceed. She has made a Will and my partner is an executor together with his mother's step grandson. Must the sale be held up until Probate.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How far has the sale progressed?
Clare
Customer: replied 3 years ago.

The sale has been agreed and confirmed in writing but contracts not yet signed. The Agents say this could be about ten weeks.

Kate

Expert:  Clare replied 3 years ago.
Hi
Just for clarity - it is unlikely that the Contracts will be exchanged for at least 10 weeks?
Clare
Customer: replied 3 years ago.

That is what I believe. I do know that under the EPA my partner can carry on as her Attorney until the time it expires on the death of his mother. However, I wonder what will happen if the contracts have not been signed if she passes on before he can do this. The house was "sold" to raise money for her care fees.

Kate

Expert:  Clare replied 3 years ago.
Hi
If Contracts are not exchanged prior to his mother's death then the whole transaction would have to be put on hold pending the Grant Of Probate.
If Contracts HAVE been exchanged then there is a potential problem with completion but there are ways of still completing the matter prior to the Grant.
As things stand there is no reason not to start the sale process and at the same time start the sorting pout of finances that will be necessary for a swift application for Probate should the need arise
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you Clare.

I believe it is in the interest of both Executors of her Will to complete as they have already paid out over £70,000 between them in care fees to date and these are to be reimbursed after the sale, whenever that takes place.

Are you able to give us a brief summary of the ways we could complete prior to the Grant?

Kate

Expert:  Clare replied 3 years ago.
Hi
provided Contracts have been exchanged prior to the death the Completion can go ahead with the buyers solicitors accepting undertakings for the documentation to be completed as soon as Probate has been obtained
Clare
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