grant of probate for house sale

Hi
Could someone help re what should you expect in a Section 32 (ie vendors statement for sale of house) when its a deceased estate? Its just that the solicitor involved, we know is a bit unreliable. All we can see are an unsigned
-statutory declaration by the son of his mother's death
and an
-unsigned application by the son to register as proprietor of the estate

Should there be a copy of the 'grant of probate' in the Section 32?
We did find an advertisement for the grant of probate for the deceased person nominating the executor thats on the Section 32, on the Supreme court website, and it refers to a very old will (from 1963)!

Thanks
Michael

Hi Martin
We are interested in purchasing this property...we only found about about the property today. Our concern is whether due legal process has been followed prior to this property being put on the market. There are some strange features, eg the property hasn't been advertised and has only been on the market for 2 weeks....the date of the person's death was 12th September. Bids are to occur on Monday in the Real Estate Agent's office, with a definite intention of making a sale. You could say there is a surreptitious air about it.

Maybe we should ask to see the Grant of Probate? However, even if this has been granted, would you know if a challenge could be mounted on the basis the Will should have been proven in 'solemn form'. The Will nominated in the Probate advertisment dates back to 1963.

This is an area I know nothing of....I only know what I've discovered online this afternoon.

The Agent is reputable, but as they say 'caveat emptor'. I know you mentioned about insurance, but we have heard that solicitors' insurance sometimes doesn't work as intended and as I said, confidence in the vendor's solicitor is lacking.

Thanks...
Michael

Thanks very much Martin.

By the way, you look a lot like Tom Jones in that photo!

Kind regards
Michael

Edited by Michael_Melb - 07/November/2009 at 22:42