Nearly done with Probate and Will

AHWBeverley

I have found this forum most useful in dealing with the Will and Probate for my Mother in Law recently and I think I have only one final thing left to do, transfer 50% of the In Laws house into my wife's name.


I have downloaded forms AP1, TP1 and ID1 from the Land Registry website in preparation for completion.


I have a copy of the Register Extract which names both of my Parents in Law as Registered Owners, is this known as Joint Ownership?


Assuming everything above is correct then I assume that it is fairly straight forward to replace my Mother in Law with my wife on the Registry? The online fee seems to be £20.00.


For those who have gone through the process before can you reassure or correct me?


Many thanks

System

But were they joint tenants or tenants in common?

If joint tenants then the FIL would have automatically become sole owner under the Rights of Survivorship.

AHWBeverley

How do I know / How do I find out?


FiL is in agreement that 50% of the house need to be transferred to my wife anyway so it might be a moot point

poppystar

Not a moot point in my understanding because your wife can only inherit half if they were tenants in common. If it was owned jointly then as the previous poster said it will all automatically go to FiL making it part of his estate not MILs estate.

System

AHWBeverley wrote: »

How do I know / How do I find out?


FiL is in agreement that 50% of the house need to be transferred to my wife anyway so it might be a moot point

Do you have the Title Register document?

If tenants in common then there should be wording similar to 'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court'


If not then it is a good chance that they were joint tenants

Yorkshireman99

AHWBeverley wrote: »

How do I know / How do I find out?


FiL is in agreement that 50% of the house need to be transferred to my wife anyway so it might be a moot point

That is why you should ask a solicitor for help.The fact you have to ask the question shows you are, sadly, out of your depth.

konark

Was your MIL's will done by a solicitor?. If so there's a good chance they were tenants in common or the solicitor would have spotted the problem.

System

konark wrote: »

Was your MIL's will done by a solicitor?. If so there's a good chance they were tenants in common or the solicitor would have spotted the problem.

Only if the solicitor only had sight of the deeds as well

susancs

!!!!!! wrote: »

But were they joint tenants or tenants in common?

If joint tenants then the FIL would have automatically become sole owner under the Rights of Survivorship.

As above, if joint owners then form DJP needs to be filled in (ignore the conveyancing bit) and send it, with a copy of the death cerificate to the Land Registry (no fee payable) to update the register to show the property in the sole survivors name.
https://www.landregistryservices.com/faqs/removal-of-a-joint-tenant.asp

izoomzoom

If the solicitor / company who drew up the Will was worth their salt, they would not have allowed the Will to be signed if the property was not owned the 'right' way.

We were originally JT, but wanted to change to TIC and made our Wills accordingly. The Will company wouldn't actually send us the Wills to sign until the ownership had been changed.

AHWBeverley

Thanks for the replies, looks like I need to find some clarification.