CLOSE SEARCH
Our clients came to us as they were in the process of selling their parents’ house using a lasting power of attorney to pay for ongoing care home fees. Unfortunately, the sole surviving parent passed away after the exchange of contracts had taken place but prior to completion. As a result the lasting power of attorney became immediately invalid.
This created a significant problem: the property sale could not be completed without now obtaining a grant of probate, and there was a risk of breach of contract, as the agreed completion date had passed. The family approached us to ensure the sale could proceed without delay.
This created a critical legal issue, the property sale could no longer complete without a Grant of Probate being obtained. With the agreed completion date already passed, the family faced a real and immediate risk of breach of contract, loss of deposit, and potential legal action from the buyer. Under increasing pressure from estate agents and solicitors, the family urgently instructed us to intervene and progress matters without delay.
The matter was extremely time-sensitive. Completion of the sale depended entirely on obtaining a Grant of Probate at speed, something that ordinarily takes several months.
Without urgent legal intervention, the family risked:
Breach of contract
Loss of the buyer’s deposit
Potential court proceedings
Significant financial and emotional strain
At the same time, the family was navigating bereavement, making the situation especially distressing.
Initial Consultation
We held an urgent initial meeting with the family.
Full details of the deceased’s assets and liabilities were obtained immediately.
The probate process was clearly explained and an emergency strategy was put in place.
We contacted all relevant institutions to secure date-of-death valuations promptly.
The inheritance tax returns were completed as a matter of urgency.
Detailed covering representations were sent to HMRC explaining the contractual risk and the critical need for an accelerated response.
This resulted in HMRC responding significantly faster than the usual 20-working-day timeframe.
The probate application was submitted with a formal request for expedition.
Supporting documents included:
Memorandum of sale
Signed property contract
Detailed explanation of the breach risk
As a result, the Grant of Probate was issued within just one week, compared with the usual average timeframe of approximately 22 weeks.
We maintained proactive communication with the estate agents, buyer’s solicitors, and all professional parties.
This removed pressure from the family and ensured confidence across all parties involved.
The Grant of Probate was obtained in under two months from instruction.
The property sale completed smoothly without breach of contract.
The family avoided loss of deposit and potential litigation.
Financial risk was eliminated and emotional stress significantly reduced.
Act quickly: When a property sale is pending, delays can be extremely costly.
Seek expert guidance: Probate and inheritance tax applications are complex and mistakes can result in long delays.
Communicate proactively: Keeping estate agents and other stakeholders updated reduces stress and avoids misunderstandings.
Expedite when necessary: With the right legal framing and supporting evidence, probate applications can be accelerated significantly.
This case demonstrates the importance of swift, decisive legal action where death intersects with a live property transaction. Through urgent intervention, strategic engagement with HMRC and the
Probate Registry, and proactive stakeholder management, we successfully protected our clients from financial loss, legal risk, and unnecessary distress during an already difficult time.
Get in touch
If you would like to speak with a member of the team you can contact us on:
