The 8 Things Every Probate Sale Teaches Us
1. "Why didn't anyone tell us we needed an LPA?"
What happens: Person loses capacity without an LPA and the family can't touch the property, just a year long Court of Protection battle.
"Mum had dementia for years, we couldn't sell her house and had to remortgage our own."
2. "The Will was 15 years out of date"
What happens: Out-of-date will after divorce or remarriage means wrong people inherit.
"Dad's will still named his ex-wife. He remarried but never updated it. Now the wrong person inherits and we're in court."
3. "Wrong Ownership Type"
What happens: Second marriage, joint tenants. One spouse dies, survivor gets 100%. Children from first marriage get nothing.
"Dad died and his new wife got the whole house, we didn't even know joint tenants did that."
4. "The inheritance tax bill came out of nowhere"
What happens: Estate hits £800K with no planning → £190K inheritance tax bill → family forced to sell the property fast.
"We had to take a low offer just to pay the £190K tax bill. Mum wanted us to keep the house."
5. "Nobody could find the deeds"
What happens: No central file, executor spends months hunting for deeds, mortgage info, bank accounts, insurance, passwords... everything.
"We turned the whole house upside down. We couldn't even find the deeds or know which banks she used. It delayed probate for months."
6. "We didn't know mum had a second property in Spain"
What happens: Overseas property nobody knew about → separate probate in that country → 12–18 months and £20K+ in extra costs.
"We only found out about the Spain apartment after she died. We then had to do a full Spanish probate on top of the UK one, it added over a year."
7. "Dad appointed both of us as executors and we don't agree on anything"
What happens: Two executors who can't agree on price, timing, or decisions → property stuck for 18+ months.
"We argued for months. I wanted to sell, my sister didn't. The house sat empty for over a year."
8. "We didn't know life insurance was part of the estate"
What happens: £300K policy not in trust → paid into estate → pushes value up, triggers inheritance tax and slows probate.
"We thought the life insurance was separate. Instead it went into the estate, created a big tax bill and delayed everything."
Post-Purchase Checklist (For Homeowners)
Congratulations on your property! Now you own this asset, here are the 4 things you must check:
- 1.Update Your Will:Does it include this property?
- 2.Get LPAs:Who handles the mortgage if you have a stroke?
- 3.Check Joint Ownership:Tenants in Common vs Joint Tenants.
- 4.Life Insurance:Is it written in trust? (Crucial for inheritance tax).