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Probate delaying house move in

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  • 12-08-2013 8:00pm
    #1
    sullydublin
    Registered Users Posts: 179 ✭✭


    Good Evening everyone,

    As the title say's we're being delayed from moving into our house that we have nearly bought all paperwork/Contracts have been signed etc. I have been told by our solicitor that it may take up to 6-8 weeks before Probate will be granted, This has stalled everything we are both living between different houses at the minute & it is less than ideal.

    My question is can we do anything to try speed up the process or does anyone have any advice or been in a similar position to us.

    Thanks
    SullyDublin
    Tagged:


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    #2
    coylemj
    Registered Users Posts: 25,359 ✭✭✭✭coylemj


    Probate takes different lengths of time depending on which probate office is involved and I know that in Dublin it also depends on whether the probate is being done by a solicitor or is a DIY job because different staff handle the two different streams of probate applications. I know you have a solicitor but I assume the house you are buying is part of an estate that is going through probate so it may be being handled by a solicitor or one of the family might be doing it.

    If your solicitor is saying 6-8 weeks then I'd say the paperwork is all done and the delay is caused by a backlog in the probate office so I'd say there isn't much you can do about it.

    May I say that it's strange that you're asking a bunch of strangers for guidance when you are already paying a solicitor who is in a far better position to judge the situation than the people on this forum. I know you're frustrated and probably desperate to see if you can move things along but you really need to follow what your solicitor is telling you.


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    #3
    December2012
    Registered Users Posts: 4,695 ✭✭✭December2012


    Would you rent the property until you can buy it?


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    #4
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    coylemj wrote: »
    Probate takes different lengths of time depending on which probate office is involved and I know that in Dublin it also depends on whether the probate is being done by a solicitor or is a DIY job because different staff handle the two different streams of probate applications. I know you have a solicitor but I assume the house you are buying is part of an estate that is going through probate so it may be being handled by a solicitor or one of the family might be doing it.

    If your solicitor is saying 6-8 weeks then I'd say the paperwork is all done and the delay is caused by a backlog in the probate office so I'd say there isn't much you can do about it.

    May I say that it's strange that you're asking a bunch of strangers for guidance when you are already paying a solicitor who is in a far better position to judge the situation than the people on this forum. I know you're frustrated and probably desperate to see if you can move things along but you really need to follow what your solicitor is telling you.

    My solicitor has been great to be far but it's always good to get other peoples point of view. I appreciate the advice, Just can't wait to get in.


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    #5
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    December2012 wrote: »
    Would you rent the property until you can buy it?

    That was an option put to us without having to pay rent.Not sure what to do,


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    #6
    December2012
    Registered Users Posts: 4,695 ✭✭✭December2012


    sullydublin wrote: »
    My solicitor has been great to be far but it's always good to get other peoples point of view. I appreciate the advice, Just can't wait to get in.

    But I assume your solicitor is not the solicitor who has applied for probate?


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    #7
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    December2012 wrote: »
    But I assume your solicitor is not the solicitor who has applied for probate?

    That would be correct as it would be a matter conflict of interest.


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    #8
    December2012
    Registered Users Posts: 4,695 ✭✭✭December2012


    Yes so therefore your solicitor has no control over the probate application, so you are in the hands of the estate solicitors


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    #9
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    December2012 wrote: »
    Yes so therefore your solicitor has no control over the probate application, so you are in the hands of the estate solicitors

    I was hoping for the fact that there is a sale in place that there could of been something we could do on our end to help the process along.


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    #10
    coylemj
    Registered Users Posts: 25,359 ✭✭✭✭coylemj


    It's also worth bearing in mind that the beneficiaries of the estate (for whom the other solicitor is acting) are waiting for probate to be granted in order for the house deal to be closed at which point they will get their respective bequests so presumably they are putting pressure on their solicitor to keep things moving along.

    OP, the best you can do personally is apply some gentle pressure on the vendor (who is I assume the executor of the estate) to make sure that his solicitor has submitted the probate application and that there are no outstanding issues under his/her control which might be holding things up.


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    #11
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Just as an aside, I am seeing more frequent "I'm buying a house" difficulty threads of late. Is there a pickup in purchases or just more unlucky buyers.


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    #12
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    infosys wrote: »
    Just as an aside, I am seeing more frequent "I'm buying a house" difficulty threads of late. Is there a pickup in purchases or just more unlucky buyers.

    There has been an increase alright.


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    #13
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    The Mustard wrote: »
    There has been an increase alright.

    I seen that a lot of people are being get mortgages of late, I think its a sign that the housing market has value for money in some places


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    #14
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,205 Mod ✭✭✭✭godtabh


    sullydublin wrote: »
    That was an option put to us without having to pay rent.Not sure what to do,

    IS that not the ideal solution?


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    #15
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    godtabh wrote: »
    IS that not the ideal solution?

    It is but there is a little bit of work to be done before we move in.


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    #16
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    sullydublin wrote: »
    I seen that a lot of people are being get mortgages of late, I think its a sign that the housing market has value for money in some places

    Well, some banks are lending these days, as opposed to a little while back when they said that they were lending to keep the government quiet, but they put so many obstacles in the way that borrowers couldn't draw money down.


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