Selling house around probate question

dobbollah

Hello and thanks in advance to those who offer some assistance.

This is the situation........

My mother recently passed away, and now my dad is looking to selll the house the deeds will be in his and my mums name, they bought the house about 36 years ago.

In her will she left her 50% of the house to me and my sister 25% each, so the house is owned by 3 of us (dad 50%, sister 25% and me 25%). My dad wants to move asap.

I'm the executor of the will and and commencing probate.

What needs to happen in relation to the house in order for us to sell the house. We are all happy for the house to be sold.

Thank you

G_M

You can either go through probate, pay any IT due, then transfer the house into 3 names, then sell.

Or go through probate, pay any IT due, then sell using the will to prove entitlement.

jason1231972

Sorry to hijack, but I have a similar thing going on. My sister and I inherited a property from our mum. She died intestate. We've jointly applied for a grant of probate, been to probate court, and are just waiting on the grant to be delivered in post now...

Originally I was going to buy my sister out but we've now decided to just sell.

Other than what we've done already (and when the GOP arrives), need we do anything else in order to sell? The estate is considerably under the IHT threshold. We have no solicitor, and the property deeds are held by mum's (former) mortgage provider.

I'm very new to this type of thing and the various legalities. Me and my sister are like the blind leading the blind!

dobbollah

Thanks for the replies, the house is worth about 250k ish so IT wont be an issue.

So once I have the grant of probate certificate, I can essentially, as the executor sell the house. Give my solicitor a copy when I instruct them to handle the sale of the house.....?

DVardysShadow

dobbollah wrote: »

Thanks for the replies, the house is worth about 250k ish so IT wont be an issue.

So once I have the grant of probate certificate, I can essentially, as the executor sell the house. Give my solicitor a copy when I instruct them to handle the sale of the house.....?

Not so fast. If the house is/was held as Joint Tenants rather than Tenants in Common, it does not form part of your mother's estate - it passes to your father in its entirety.

dobbollah

even if the will clearly states she passes her part of the property to me and my sister?? (it doesnt worry me as I wont be benefitting it will be my sister who is keen to take her cut)

Annisele

dobbollah wrote: »

even if the will clearly states she passes her part of the property to me and my sister?? (it doesnt worry me as I wont be benefitting it will be my sister who is keen to take her cut)

Yep, even then.

If the property was held as joint tenants, then ownership passes by survivorship - and anything your mother might have written in her will about the property is completely irrelevant.

If your mother's will was drawn up by somebody who knew what they were doing, chances are that the clause in the will means that the house was held as joint tenants - but if the will was a DIY job, you potentially have a problem.

dobbollah

The was made by an official company 'Hendon Will writing services' in 1996.

Now I'm not sure what the deeds say as arent joint tenants and joint ownership 2 different things..?

Mojisola

dobbollah wrote: »

Now I'm not sure what the deeds say as arent joint tenants and joint ownership 2 different things..?

https://www.landregistry.gov.uk/public/guides/public-guide-18

Mojisola

dobbollah wrote: »

even if the will clearly states she passes her part of the property to me and my sister?? (it doesnt worry me as I wont be benefitting it will be my sister who is keen to take her cut)

You will, in effect, be investing your capital in your father's house. Make sure this won't have any impact on any means tested benefits you claim or may have to claim during your father's lifetime.

dobbollah

Annisele, whats going to be the easiest way to find this out, contact the bank to view the deeds, or would a clause in the will point this out....(if its there)

or do I need to contact the land registry..?