Probate and tenants in common

Nickl

My parents became tenants in common some time ago but simply left their share of the property to each other (which seems to have defeated the point)
My father died six years ago and left everything to my mother. I didn't apply for probate as his whole estate was passed to his spouse.
My mother has now died. I have had her probate agreed, including the house, and am waiting to go to a solicitor to swear the oath.
A complication has now arisen since my solicitor is saying that without probate for my dad they can sell the house but can't release dad's share of the proceeds,
I am struggling to see their point. As he left his share of the house to her it is surely now part of her estate.

Guest101

I'd listen to the solicitor and ask them how best to proceed.


End of the day there's no benefit to him or her by withholding money

Mojisola

Nickl wrote: »

My parents became tenants in common some time ago but simply left their share of the property to each other (which seems to have defeated the point)

My father died six years ago and left everything to my mother. I didn't apply for probate as his whole estate was passed to his spouse.

As the estate included part of a property and a change of ownership, his estate needed to go to probate.