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question first answered	2020-10-29T12:00:09.72Z
answering dept id	54
min answer › question first answered	2019-09-05T16:25:18.73Z
creator › label	Biography information for Darren Jones

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question first answered

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1245530

human indexable

published

registered interest

answer date

23/10/2020

date

21/10/2020

date tabled

21/10/2020

ddp created

21/10/2020 19:20:23

answering body

Ministry of Justice

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Tabled

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Justice

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Justice

ddp modified

21/10/2020 19:29:06
29/10/2020 12:31:06

hansard heading

Probate

house id

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107095

legislature

25259

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question first answered

29/10/2020 12:00:09

question text

To ask the Secretary of State for Justice, what plans he has to bring forward legislative proposals to (a) resolve conflicts which arise between contract and probate law when the nominated completion date for sale of a property postdates the vendor's death but precedes probate being granted to their beneficiaries and (b) provide for affected contracts to be automatically extended or nullified on the death of the vendor.

session

2019/21

session number

tabling member constituency

Bristol North West

tabling member printed

Darren Jones

title

House of Commons Tabled Parliamentary Question 2019/21 107095

type

WrittenParliamentaryQuestion

uin

107095

version

written parliamentary question type

Ordinary

answer

is ministerial correction

answer text

There are no current plans to bring forward legislation as these cases are exceptional, and the existing law provides for the means of resolving disputes arising in such circumstances. Nevertheless, the Government will keep this area of law under review and would welcome any examples of problems that have arisen.Generally, where one of the contracting parties to the sale of a property dies before the completion of the sale, their legal responsibilities transfer to their personal representatives. They are able to enter into discussions with the other party to vary the contract (for example extend it) by mutual agreement.If no such agreement can be reached, the Probate Registry can operate an emergency system to expedite the Grant of Probate or for a limited Grant of Probate to be issued. This may be used to enable the sale of the property to take place with minimum delay.If probate is unlikely to be granted before a fixed completion date, the personal representatives may agree to allow the buyer into the property on licence pending formal completion.In addition, Section 113 of the Senior Courts Act 1981 empowers a court to grant probate or administration in respect of any part of a deceased person’s estate, limited as a court feels is appropriate to the circumstances of the case.

question first answered

29/10/2020 12:00:09

creator

4621

	label	Biography information for Darren Jones

publisher

25259

tabling member

4621

	label	Biography information for Darren Jones