Conveyancing in Birmingham for a Northfield Probate Sale

I am buying a house from an executor; will there by any problems for my Conveyancing in Birmingham?

It is quite common when undertaking Conveyancing in Birmingham for Solicitors to come across what are known as 'probate sales'. Buyers understandably want to know if this will cause any special difficulties.

When someone is selling a home because the registered owner has died, they will need to obtain a grant of probate (if the owner left a will) or letters of administration (if there was no will); without such a document they cannot legally transfer title to anyone else.

An example of 'probate sale' Conveyancing in Birmingham

Conveyancer Gemma Farguson was carrying out the Conveyancing in Birmingham for the buyers of a freehold home situated in the Northfield area, when she found that the property title was still registered in the name of owners who had both died some time before. The person selling on their behalf had yet to obtain the grant, and until that grant was obtained, the sale could not proceed.

Dixons' Birmingham office at 830, Bristol Road South, Birmingham, West Midlands, B31 2NS had negotiated the sale. The  Solicitors undertaking the Conveyancing in Birmingham on behalf of the seller were Carvill & Johnson of 735 Bristol Road South, Northfield, Birmingham, B31 2NG.

The seller's Solicitors had the probate application in hand; this entails proving to the court that the person applying is entitled to a grant, which will enable them to administer the deceased's property.

It can be frustrating for a buyer to find that a house has been marketed on behalf of an executor before the application has been completed, but until the court has issued the necessary certificate, the land registry will not be able to register a transfer.

In this case, once the grant had been obtained, Gemma was able to complete the Conveyancing in Birmingham for her clients. She advised them to check that the house had been completely emptied, including the loft, shed and garage.

Since the building was vacant, she asked the seller to confirm that he would keep buildings insurance in place. It can be difficult to obtain cover on unoccupied buildings, and Gemma wanted to make sure that the risk would not pass to her client until her client until completion.