Settlement of deceased estate pending probate

Hi All,

I have just received a section 32 for a property that I looked at on the weekend in Victoria. In the special conditions part there is a statement that says the contract of sale is dependant on the grant of probate. This property is going to auction, so I would assume that even if I am succesful at auction, the sale may still fall through if probate is not gained before the settlement date.

Has anyone else seen something like this?

I'm not a huge fan of the clause because it isnt uncommon for families to contest wills etc., which would mean I have a deposit tied up for 60 - 90 days and miss out on other opportunities, for the deal to go pear shaped in the end.
Not a lawyer so don't hold me to it, but I believe that if the house has already gone to auction, the will is not being contested. I would expect that any contestation (is that a new word!? ;)) ;) would have already been raised, and then the funds from this auction will go into the estate to be distributed during probate.

True, however, that probate may be delayed and your deposit held up, but unlikely that the successful bidder will miss out on the property.