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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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we are buying a bungalow and sadly the owner has died, this

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we are buying a bungalow and sadly the owner has died, this week, and his estate has gone to probate, the executive to his will ,is seing his solicitor friday, and proposes we could rent the bungalow, until all is final, will the solicitor grant this, also the chain would like us to move out, so they can all finalize next week, Heather Berry

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Had you exchanged contracts when the owner died?
Customer: replied 3 years ago.

Hello Jo,

No we had not, this probably would have happened this following week.

Thank you.

The executor is now dealing with the estate as you are aware. It will be the executor that signs the contract and completes on the matter.

The executor will not be able to do that until such time as he/she has grant of probate.

That could easily take three months and may be more depending on the complexity of the estate although I have known one of these happen in six weeks.

Meanwhile, the executor is under a duty to act in the best interest of beneficiaries and that could include renting out the property in the interim.

You would need a Assured Shorhtold Tenancy.

However there is a problem in that the executor can change their mind with regard to selling the property to you if they have a better offer in the meanwhile.

It would be possible for the executor to sign a purchase option agreement whereby he agrees to sell the property to you within a particular period of time.

One of the problems is that the executor, faced with that can deliberately hold up probate either until the option agreement expires or until you get fed up.

There is no absolute guaranteed way of making sure that if you rent the property you get to buy it in the end. There has to be a certain element of trust therefore.

Legally, there is nothing to stop you doing what you propose however it is virtually impossible to tie it up watertight so that your eventual purchase/sale is binding on the executor to sell to you at a particular price.

I'm sorry that this is probably bad news for you.

Can I clarify anything for you?

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