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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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i am in the process of buying a house from an old lady her

Resolved Question:

i am in the process of buying a house from an old lady her daughter is dealing with the sale i have learned today the lady has died and now her property is in probate where do i stand legally
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can assist you with this.

tdlawyer :

The sale will still need to proceed, even though the seller has died.

tdlawyer :

A grant of probate will be made to the Seller's representatives and this will protect you, as you will know that the people selling (the names on the contract will need to change to those of the personal representatives) are authorised by the court to act on behalf the deceased lady.

tdlawyer :

Have you exchanged contracts already?

Customer:

no

tdlawyer :

Okay. Then there is no obligation upon the seller to proceed at the present time. Inevitably, this is likely to delay matters.

tdlawyer :

I'm afraid there is no quick fix to this, as the seller is unlikely to want to proceed without having gone through probate. Equally, your solicitor will likely advise you not proceed until probate has been granted.

tdlawyer :

This the sellers do have the option of trying to expedite the probate request, given the ongoing potential sale, but that is entirely in their hands.

tdlawyer :

Is there anything like to ask me specifically about this?

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