Is a solicitor essential for Probate ?

[Deleted User]

I hope someone can help.

My Dad has just died. He and Mum (who is still alive) owned their bungalow together as tenants in common (they each owned 50% of it) rather than joint tenants (which means each owned all of it).

I understand that in order to get the 50% of the bungalow he owned transferred to Mum's name, she will need to apply for Probate. Her solicitor has quoted her £1,000 to handle this (at a time when she's already worried about money - having now lost Dad's work related pension which made up the majority of their income).

My question is - does she NEED to use a solicitor to get Probate or can we do this without?

Thanks

(Incidentally, Dad left a will leaving everything to Mum and naming her as Executor). Taking into account his half of the bungalow and some savings, his estate will be less than £100,000.

TonyMMM

No she doesn't need to use a solicitor. She is named as executor - she can apply for probate herself (it is a simple process) and once granted, she can complete the Land registry form to transfer the ownership of the property.

Hermia

It is really easy if the estate isn't complicated. My mum did it when my dad died and I did it last year when my mum died. I found the Which Guide to Wills & Probate really helpful (i got it from the library). The forms and help filling in firms guides are all online. Why not look at them and see whether it looks manageable.

RAS

She will need probate; which she can do herself. The forms can be downloaded from the internet

She will need to sort out the Land Registry herself, there is a rep on her who may be able to refer you to the exact forms she needs.

Sorry to hear about your loss.

[Deleted User]

THANK YOU everyone. That has taken a huge weight off my mind. Will tackle it when the funeral is over (one thing at a time ... )

Thanks again :T

SailorSam

It's very easy to do yourself. Just ask . a simple phone call if you're not sure of anything and the Probate people will talk you through it.

Hermia

Corona wrote: »

THANK YOU everyone. That has taken a huge weight off my mind. Will tackle it when the funeral is over (one thing at a time ... )

Thanks again :T

One thing at a time is a very good idea in this situation as it's easy to get bogged down. Remember there are loads of people out there doing it themselves. I remember when I was a bit unsure of a couple of questions I just googled the question numbers and found lots of advice.

jackyann

Remember 2 things:
The Probate Office are helpful
There is no rush

Land_Registry

So sorry to hear of your loss.

People will often use a solicitor to cover all aspetcs of the estate inc the will, probate, home and so on as there are a lot of things to cover and often it is important for others such as your mother and yourself to understand the legal implicaitons involved with any changes/choices then made.

Our online material what to do when a property owner dies explains what may be requried depending on the circumstances.

If the property is registered then often people will apply to notify us of the death so that the register can be updated. That though may not deal with the tenants in common aspect if it is recored on the register itself.

If it is recorded then it is likely that there will be a restriction on the title known as a form A restriction (see our Public Guide for more information). That restriction would remain unless you applied to have it cancelled as explained in the guidance.

It is this area which can sometimes be difficult to understand as whilst you know from the will what the intentions are it is often necessary for you to complete a statutory declaration or statement of truth which is lodged as the supporting evidence as mentioned in the guidance.

This is the aspect which will often involve a solicitor as they can explain the legal implications and how any change may affect your mother. If you are unsure on this aspect and/or need assistance completing the statd dec/statement of truth then it might be prudent to ask a solicitor to assist with that aspect alone as completing the Probate application and registering the change with us may well be something you can complete yourself.

Savvy_Sue

Hermia wrote: »

I found the Which Guide to Wills & Probate really helpful (i got it from the library).

It is very helpful, but make sure it is a recent edition rather than an ancient one, as the law changed a few years ago to allow the second of a couple to die to make use of any unused IHT exemption after the death of the first.

Same if you're buying from Amazon ...

John_Pierpoint

When my mum died sister and I already owned half of "her" house. Our first attempt involved a visit to the Land Registry at Tunbridge Wells, as it was easy to visit by car.
We got a bit of a dusty reception and told to get a solicitor.

As the property registration was then administered from Yorkshire (getting on for 10 years ago) I gave them a call.
A more knowledgeable down to earth woman offered to send the forms and volunteered to help us complete them, if we had a problem.
Job done - we must have done it correctly as we sold it a year later.