Newspaper article The Evening Standard (London, England)

Can We Still Buy a Flat Though the Seller Has Died? by Fiona McNultyOUR LAWYER ANSWERS YOUR QUESTIONS

Newspaper article The Evening Standard (London, England)

Can We Still Buy a Flat Though the Seller Has Died? by Fiona McNultyOUR LAWYER ANSWERS YOUR QUESTIONS

Article excerpt

Byline: Fiona McNulty

Q WE EXCHANGED contracts two weeks ago to buy a flat from an elderly gentleman who seemed quite sprightly. Today we've been told he is dead. The estate agent called and said it was all quite sudden.

Our solicitor has found out the old man left a will but says we will have to find out from the executors what happens next. But we had a contract, so can we still insist on buying the flat? A Once exchange of contracts takes place there is a binding agreement and the death of either the buyer or seller does not affect the validity of that binding agreement. The personal representatives of the deceased are bound to complete the transaction and if they fail to do so they will be in breach of contract.

As the seller had a will he would have appointed an executor or executors under the terms of his will to be his personal representatives. A personal representative is someone who is legally entitled to administer the estate of the deceased.

The seller's solicitor will need to see the will of his deceased client so he can contact the executors and take instructions from them.

write to Legal & property., Derry Street, cannot be but we try to here.

As soon as the seller died his assets would have been frozen. It will be necessary for the executors to apply to the District Probate Registry for a Grant of Probate so that they can administer the seller's estate which must be issued before a solicitor residential the sale to you can be competed. This may delay the completion of the sale although in situations such as yours it is sometimes possible for the executors to request the District Probate Registry to expedite the application.

Q My fiancee and I have had an offer accepted on a property which needs some renovation. My father is insisting on paying for a Home Buyers Report for us as he says it is important for us to know what we are taking on. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.