As someone’s attorney, you can do some powerful things. For example, if you are someone’s attorney, say your parent’s, you can manage their affairs for them. You must always act in their best interests.
You can go ahead with the sale of a property. You can put it on the market, exchanging contracts and handle the money when it’s sent through to you as attorney.
If the person dies during this process, the process changes completely. Instead of going forward as an attorney, a Grant of Probate will be required, and the executors will have to complete the job.
The law is black and white. An attorney acts in the donor’s lifetime, and this role ends on the donor’s death. After death, the Will takes effect and executors must deal with things, including selling the property
The person acting as attorney, may be the same person named in the Will as executor, but a Grant is needed for the sale to be completed. It may be frustrating to know that the same person will sign the same papers as an executor, as they would have as an attorney, but this is the process, and it has to be followed, even if it gives you grey hairs.
The truth is that there’s no way around this. This can be incredibly frustrating, but understanding the process is important
The most helpful thing that can be provided if you or your family end up in limbo, is a fair amount of certainty in relation to the Probate process. You’ll want to understand what is required to get hold of the Grant of Probate. You’ll want to know how long it will take, to the nearest couple of weeks. And you’ll want to know how much it will cost.
At JC Independent Wills & Probate, all our Probate work is fixed fee. So you’ll know the total price after our free initial meeting. This includes everything, from the 50p extra Grant copies, to the VAT charged by the government for our services.
We’ve seen it all before, in terms of people dying mid-sale, and we know how to deal with things as efficiently as possible. Sometimes where appropriate, we include estimates on the Probate forms, to be firmed up at a later date, just to get it through quickly
A buyer who is kept informed and given a reasonably predictable timescale, will often wait for the extra paperwork and the sale you’ve agreed.
If there’s anything you’d like to chat through, call Jane at JC Independent Wills & Probate on 01727 840 240.