Probate sales
Selling a house after a death
Can we start before the grant of probate comes through?
Yes, and you should. The house can be marketed, a buyer found and nearly all the legal work done while the grant is still with the Probate Registry. Only completion has to wait for it. Starting afterwards routinely adds two to three months for no reason at all.
Who is allowed to sign?
The executors named in the will, once the grant is issued. If there is no will it is the administrators, appointed under the intestacy rules. Part of our job is confirming that early, because discovering it late is one of the most common causes of a collapsed probate sale.
What if one of the executors doesn't want to sell?
Executors have to act together, so a genuine disagreement has to be resolved before a sale completes. It can sometimes be handled by one executor stepping back formally. Tell us early and we will explain the options - it is much easier before a buyer is waiting.
The house is empty. Does that matter?
For the sale, not much. For you, quite a lot - an empty property is often uninsured or under-insured without anyone realising, and standard cover frequently lapses after 30 days of vacancy. Worth checking whoever holds the policy, whether or not you sell with us.
Divorce and separation
Selling when the two of you have split up
Can you act for both of us?
On the sale of the property, usually yes, and we can deal with each of you separately so neither has to pass messages through the other. If your interests genuinely conflict we will say so and tell you what you each need instead.
There is a court order. Does that change things?
It sets the terms - who gets what from the proceeds, and sometimes when the sale has to happen. Send it to us at the start and we work to it. We do not need the rest of your matrimonial file.
What if one of us stops responding?
It is common and it is not fatal. Tell us early rather than waiting. There are ways forward, up to a court order compelling the sale, but they take time - which is exactly why early is better than polite.
Time and money
How long, and what it costs
How long does conveyancing take?
Most sales take somewhere between eight and sixteen weeks from offer to completion, and the honest answer is that it depends far more on the slowest party in the chain than on your conveyancer. What we control is that we are never the reason it is waiting.
What actually causes the delays?
Usually one of four things: a slow council search, a management company taking weeks over leasehold information, someone in the chain who has not instructed a solicitor yet, or an enquiry nobody chased. We tell you which one it is rather than saying it is with the solicitors.
Is the fee really fixed?
The legal fee we quote is the legal fee you pay. Disbursements - searches, Land Registry fees, anything we pay out for you - are itemised separately at cost on the same quote, so you see the whole number before you instruct us.
What happens if the sale falls through?
Ask us when you get your quote and we will put where you would stand in writing before you instruct us. It is a fair question and it deserves an answer up front rather than a clause you find later.
About us
Who you would be dealing with
Are you regulated?
Yes. Sail Legal Limited is regulated by the Council for Licensed Conveyancers under licence 14065. Licensed conveyancers are property law specialists, regulated to the same standard as solicitors for this work, with the same compulsory insurance and the same client money rules.
Will I get the same person each time?
Yes. You get a named conveyancer with a direct line and an email address, not a case reference and a general enquiries queue.
Do I have to use you if Sail Homes are selling my house?
No. Sail Homes clients can use any conveyancer they like. We work well together because we are in the same building, but it is your choice and nobody will make it awkward.
Still not sure?
Ask us before you instruct anyone. It costs nothing and we will give you a straight answer.