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House sale not completed one seller dies.

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  • House sale not completed one seller dies.

    My wife and I are in the process of selling the family home and are waiting to exchange contracts with the buyer.
    However my wife as become critically ill and is in a medically induced coma. There is a high probability of her death in the next few days to weeks. If she dies before completion can I continue the sale or do I have to wait until probate is granted. She has left me everything in her will and I am joint executor. We own the house together it is the default form of ownership which I believe is called "tenants in Common"
    Any help or advice as what to next would be appreciated.
    Tags: None

  • #2
    I am very sorry to hear about your wife's condition, it must be a very difficult time for you.

    Are you certain you own as Tenants in Common? You say that is the default form of ownership but actually there is no default form and married couples are more likely to buy as Joint Tenants. It makes a big difference to what happens if one of the joint owners dies.


    Not wanting to make things even more difficult for you but if your wife remains in a medically induced coma at the point you want to exchange contracts this may create a different problem for you as she would likely lack the mental capacity to agree to the exchange of contracts. Whether you hold power of attorney for her may then be relevant.

    If you are using a solicitor to do the conveyancing I suggest you seek their advice.
    Last edited by PallasAthena; 19th November 2023, 16:40:PM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.


    • #3
      yes we are tenants in common , All the documents are in place for completion the buyers solicitor needs to complete.


      • #4
        Speak urgently to your solicitor. There may be things that can be done; otherwise, should your wife pass away before completion, there will be a delay while probate is obtained.
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


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