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JGM, Solicitor
Category: Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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I am wanting to buya house in scotland we have been accepted

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I am wanting to buy a house in scotland we have been accepted for a mortgage and have found our dream house. We were using money left by my grandmother for the deposit but have just found out she had no will so settling the estate is taking longer than planned can we still proceed to make an offer and hope the seller is willing to wait till the money is through or do we need to wait till we have the money before we make our offer

Thank you for your question.
There's nothing to stop you making a written offer for the house just now. That will show the seller that you are serious about buying the house. However, you should not conclude missives untill you know that you are going to have the money and the date of entry should be made on a date after you know that the legacy will be paid to you.
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Customer: replied 3 years ago.

We have sought legal advise and they have advised us not to make an offer as this would be miss leading the seller as we do not have the deposit and no not know when the money will be available

That is fair enough but legally there's nothing to stop you making an offer, and it can be explained to the seller that you won't be in a position to complete until you have the deposit. That at least means that the seller knows you are serious.
It's up to you which option you want to take