gaz1 Posted March 9, 2010 Share Posted March 9, 2010 does anyone actualy know what this means. I have just had a call back from the solicitor at the bottom of the chain to advise that the probate application has just come back but it has been rejected, there is some discrepancies in the Will and the registry now want affidavits for discovery, which are being drawn up. They were unable to give me a new time frame for when the probate is likely to be received. this house buying is really starting to piss me off:( Link to comment Share on other sites More sharing options...
peter richards Posted March 9, 2010 Share Posted March 9, 2010 ask charlotte gaz, she gave me some info a few days ago Link to comment Share on other sites More sharing options...
marbleapple Posted March 9, 2010 Share Posted March 9, 2010 No idea. Sorry. I would advise you ask your solicitor. I would also direct their solicitor to your solicitor rather than have him talking about wills and probate to you. Link to comment Share on other sites More sharing options...
probrox Posted March 9, 2010 Share Posted March 9, 2010 Had the same thing when I bought my house in July. There was no chain and the sale was supposed to take 4 weeks to go through. It ended up taking 4 1/2 months! Was thoroughly pissed off by the end of it, but that all went away as soon as I moved in. Link to comment Share on other sites More sharing options...
ivan Posted March 9, 2010 Share Posted March 9, 2010 Isn't it the same as soliciting? Link to comment Share on other sites More sharing options...
Rob Posted March 9, 2010 Share Posted March 9, 2010 Almost the same, but here its the punter that gets a*%-+&$£d. Link to comment Share on other sites More sharing options...
Ark Posted March 9, 2010 Share Posted March 9, 2010 It means that the person trying to sell you the house doesn't actually own it. Sounds like they have inherited the house, but the dead persons will isn't clear or legally binding, so they are not in a position to sell the house either on their own behalf, or on someone elses (if they are the executor of the will) until the legal ownership is cleared up. Link to comment Share on other sites More sharing options...
Septic Posted March 10, 2010 Share Posted March 10, 2010 What ark said. Its all about whether the house you are buying is a tenancy in common or joint tenancy. I can dust out my law books and give you a proper answer if you want Ultimately, like Ark said, its about passing over legal ownership to you. With a joint tenancy, you need to the consent of all both owners in the contract- or in the case of one being deceased, obtain a certificate from the latter and confirmation from the surviving tenant. Link to comment Share on other sites More sharing options...
Chris Wilson Posted March 10, 2010 Share Posted March 10, 2010 Basically it means it could take ages to sort out. IMHO. Link to comment Share on other sites More sharing options...
Charlotte Posted March 10, 2010 Share Posted March 10, 2010 Basically it means it could take ages to sort out. IMHO. It's the probate has been rejected it could take months/years. Get looking again I'd say unless you're prepared to wait. Link to comment Share on other sites More sharing options...
Charlotte Posted March 10, 2010 Share Posted March 10, 2010 Ultimately, like Ark said, its about passing over legal ownership to you. With a joint tenancy, you need to the consent of all both owners in the contract- or in the case of one being deceased, obtain a certificate from the latter and confirmation from the surviving tenant. Or of course if the property belonged to someone (one person) who has died and his/her family were appointed an executor (of the will), they would have to get probate. Link to comment Share on other sites More sharing options...
Septic Posted March 10, 2010 Share Posted March 10, 2010 Ah yeah, what Charlotte said Link to comment Share on other sites More sharing options...
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