Emergency Probate criteria?

Emergency Probate criteria?

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MrChips

Original Poster:

3,264 posts

211 months

Friday 5th February 2016
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Evening all,

Following on from a previous thread about a difficult house purchase that i'm going though... Click Here for the Thread

Does anyone have any experience in getting emergency probate? My understanding at the moment is that it's only generally available if the deceased had already exchanged contracts, but not completed, hence their estate was liable for breach of contract issues if they don't finish the sale.

Is there ever a circumstance where the executor can apply for emergency probate even if the deceased hadn't exchange contracts? I've googled it to death and found almost no info, and my own solicitor says he's looking into it, and couldn't get through to the registry office.

If an official emergency probate isn't possible, then is there anything that can be done to speed up the application once it's been posted?

Cheers in advance
MrChips biggrin

MrChips

Original Poster:

3,264 posts

211 months

Monday 8th February 2016
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Anyone?

MrChips

Original Poster:

3,264 posts

211 months

Monday 8th February 2016
quotequote all
We knew it was a probate sale, but at the viewing we were told that the application for the grant had already been made. We we then told 2months later, that it was a misunderstanding, but that the grant was "imminent".... Repeat this process 4 times and were are now at the present.
I can't see why their solicitor has lied but we didn't make the offer knowing of any significant risk.

MrChips

Original Poster:

3,264 posts

211 months

Tuesday 9th February 2016
quotequote all
The guy passed away in November 2014.

I think the question now is simply whether the emergency probate process is available in this type of situation.