Probate sale affects Conveyancing in Hove

House-buyers in Hove may sometimes find that they are buying from the executors of a deceased owner. Conveyancing Solicitors acting for such buyers will need to have a copy of the grant of probate, as the land registry will require that before registering a transfer of the property.

Many buyers see it as an advantage to be purchasing from executors, as there will not be any chain. However it is not uncommon in these cases for the property to be marketed before the grant has been obtained, which can lead to Conveyancing delays for buyers until the grant is issued.

That was the situation which Fridaysmove recommended Conveyancing Lawyer Dawn Thomas encountered when acting for the buyers of a house in Stoneham Road, Hove in 2010. Dean Wilson LLP, 96 Church Street, Brighton, East Sussex, BN1 1UJ, the Conveyancing Solicitors acting for the sellers, provided a copy of the land registry title, which showed that the property was still registered in the joint names of two proprietors.  However the draft contract sent by the Solicitors showed that the property was being sold by someone else. When Dawn asked about this, she was informed that both the registered owners had died, and that the Solicitors were still waiting for the grant of probate to be issued.

 The grant of probate (or letters of administration if the deceased owner did not leave a will) is a formal document issued by the Probate Registry which confirms that the executors or administrators are entitled to handle the sale of the deceased’s property. It is essential that the buyer’s Conveyancing Solicitors have an official copy of the grant, to confirm that the executors are empowered to sell the house and give a good receipt for the purchase money. Providing that a buyer takes a transfer from properly appointed executors then he need not concerned if, for instance, the will is subsequently declared invalid or the executors fail to distribute the proceeds of the sale in accordance with the provisions of the will.

The Solicitors sent a copy of the death certificate for the owner who had died first, which meant that on his death the title to the house passed to the surviving wife. She had passed away in March, and the application for a grant had been submitted to the probate registry.  Dawn was able to carry out the usual local search with Brighton and Hove City Council, Brighton Town Hall, Bartholomews Square, BN1 1JA (Tel. 01273 292007), and send some additional enquiries to Dean Wilson, but there was then a short delay before the grant was issued and contracts could be exchanged.

As is common on sales by executors, the people who had been appointed had no knowledge of the property. In this case they were two partners in the firm of Solicitors, so they were not able to give any information about the house other than that which could be obtained from the title register. Dawn therefore recommended that her clients had a full building survey carried out.

Where a house or flat is being sold by executors it will normally be empty, but if any furniture or other effects have been left purchasers should ask their Conveyancing Solicitors to obtain confirmation that this will be removed before completion. It is also a good idea to check that areas such as the loft and any cupboards or garden sheds have been emptied and the property has been cleared of all rubbish.

The agents handling the sale, David Maslen of Church Road, Hove, BN3 2DJ Tel: 01273 321000  were most helpful in liaising with the Conveyancing Solicitors and the clients to keep everyone abreast of developments.

Whether buying or selling any type of residential property, for all Conveyancing in Hove a Fridaysmove recommended Conveyancing Solicitor can provide a fast and cheap conveyancing service.