Buying a house in probate: what can we do if our seller has died after we've exchanged contracts but before completion?

Question: We are buying a house in need of total renovation but the seller, a lady in her eighties, has just died following exchange of contracts. We are due to complete in five weeks. Can we still buy the house?

The agents say they’ve been told by the seller’s daughter that her mother had a will but the agent does not know any details about what is in it.

Answer: There is a binding contract between you and the seller as contracts have been exchanged and the death of one of the parties does not affect its validity.

The personal representatives of the seller are bound to complete the contract.

The executors of the will should complete the sale to you on the agreed date in accordance with the contract terms.

If they fail to do so they will be in breach of contract. However, they cannot do so until a grant of probate is issued.

How soon this can be done depends on the complexity of the deceased’s estate. It could be a few weeks or many months.

The executors should apply immediately for an expedited grant of probate. In general, a grant of probate cannot be issued within seven days of death but in an emergency two registrars may grant leave for one to be issued.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here.

Fiona McNulty is a solicitor specialising in residential property.