Start by getting your Quick Conveyancing Quote now(with no commitment) for your:


The Difficulties Of The Conveyancing Process When Property Part Of Probate Sales

When considering the conveyancing process, one of the difficult areas for both the solicitors instructed to complete the conveyancing process and the individuals concerned, is when the property has been left in a will. The sale of this property by the individual is called a probate sale and it may come about for a range of reasons. The beneficiaries of the will may have been given the property between them and want to split their money evenly, they may already have a house and not want the hassle of a second one or they may just simply wish to free up the capital from the property. Whatever the reason for the sale, choosing a helpful and competitively priced solicitor to take care of the conveyancing process for you is essential to ensuring the transaction runs smoothly.

 

It is not uncommon for those looking to purchase a house and commence the conveyancing process to find that the property is owned by a man or woman who has passed away, and the property is being sold by the executors of their will. This changes the conveyancing process as it adds certain things onto the original aspects of the conveyancing process. For example, the solicitor responsible for the buyers conveyancing process will be required to obtain a copy of the grant of probate. Usually part of the conveyancing process that is performed by the solicitor involves registering the property with the land registry under the new owners names, but without a copy of this grant of probate the land registry will not allow this transfer.

There are benefits to purchasing a property from an individual who has passed away (or more accurately, purchasing it from the executors of their will). The main advantage is that the buying and conveyancing process can run a lot quicker and smoother as their is no chain, i.e. they are not waiting on the homeowner to move out or relying on the homeowners successful purchase of another house. However, there can also be disadvantages. On hearing a will, many beneficiaries will then begin to advertise the property for sale before they have actually obtained a grant of probate – which can understandably effect the conveyancing process and slow down the whole conveyancing process until it is obtained.

 

The conveyancing process and solicitors are not exactly well known for their speedy nature as it is, so a complication such as an unobtained grant of probate may make the conveyancing process even harder. Equally concerning, many solicitors commence the conveyancing process on behalf of clients having quoted an hourly rate – complications with regards to getting hold of the grant of probate may not only slow the conveyancing process down but may well end up resulting in higher charges.

 

The grant of probate is a document issued by the probate registry and as mentioned above, can have a big impact on the conveyancing process. For this reason it is always advisable to enquire early on in the conveyancing process or when considering making an offer on a property whether or not it has been obtained.

Tags: , , , ,

Comments are closed.