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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25420
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We would like to buy a bungalow which has to go through probate,

Resolved Question:

We would like to buy a bungalow which has to go through probate, is there any way we can move in , with executors permission, before probate is completed as we have a buyer for our house who may not wait if probate takes too long?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you will be a cash buyer or would require a mortgage for the purchase please?
Customer: replied 2 years ago.
We would be a cash buyer
Expert:  Joshua replied 2 years ago.
thank you. If you are a cash buyer, you are free to proceed in any way you wish to negotiate with the seller. It would not be sensible to complete on the contract and pay all the monies under the sale until probate has been obtained because until probate is obtained, you cannot be hundred percent certain that the executors will be granted authority by the court to deal with the estate (the purpose of the grant of probate is that it is a court order certifying that the named personal representatives on the grant of probate are those authorised to deal with the deceased's estate). If the some reason, the grant of probate is not granted and is instead given to somebody else, however unlikely this may be, you could find pay the wrong people for the property! This is unusual but it can happen that a grant of probate is refused because of a third party claim or another will be produced and so on.In order to protect yourself against this, there are two principal options you can consider: the first is agreeing a contract to purchase with a completion date set by reference to the date grant of probate is obtained (e.g. completion shall take place within xx days of the seller obtaining grant of probate subject to an overall long stop date of xx months) and agreeing a further condition that the seller shall on exchange of contracts grant to you an assured shorthold tenancy agreement for the same period as the longstop date ( being the date you can pull out of the contract if they have not obtained grant of probate by then) at a rent you agree which could be anything between £ and the market rate for the property. this arrangement allows you to move into the property under assured short hold tenancy and to complete as soon as they obtain grant of probate but not before and in the unlikely event probate is not obtained, you can pull out of the contract after the number of months specified in your long stop date.The alternative is that you do not exchange contracts before they have obtained grant of probate but instead asked to move in under an assured short hold tenancy as as above an offer to exchange contracts as soon as they obtained grant of probate. This gives you more flexibility to pull out of the contract even if they do obtained grant of probate. of course it also means they can pull out of the contract for any reason and this may not be what you would want and so if you wish to secure the property subject to the grant of probate being obtained, the first option above maybe preferable.either option will allow you to move into the property and fully protect the executors in respect of your occupation. Option 1 guarantees you the property so long as grant of probate is obtained and commits you to purchase a property once it has been obtained. Option 2 allows you place ability to pull out of purchasing the property at any time before exchange of contracts and similarly allows the executors to pull out of the deal at any time before exchange of contracts.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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