Probate - Do I need it?

Yorkshireman99

theshoefairy wrote: »

What would happen instead? Eventually I would like the house in my name for security reasons.

When you want to sell or you die it will delay matters. You really must deal with the matter.

getmore4less

Torry_Quine wrote: »

If there isn't a will then you don't apply for probate.

theshoefairy wrote: »

What would happen instead? Eventually I would like the house in my name for security reasons.

In the context of estate administration the term Probate is used to describe the process and is generally understood to encompass all administrations that require a grant of administration.

Technically they are different and "probate" only applies to an application with a will by the named executors.

if the application is made by someone else with a will then it is...

Letters of administration with will attached.

without a will just...

Letters of administration.

There are some subtle differences but they only really matter before the grant is issued and in many cases they don't interfere with the process of administration.



Getting the house registered in the current beneficial owners names will make life a lot easier going forward should the place need to be sold or that person die.

Does the unsigned will you have name an executor?

maximumgardener

check the exact wording of the will in terms of named executors

the will may not be "legal" if it is unsigned . check that aspect

are there solicitors acting as administrators that you can talk to??

theshoefairy

Thanks all for the advice. I didn't realise it would be so confusing. The form I have filled out is the PA1 form which I think is for Grant of Representation but it is to be set to the probate registry?

I am not using a solicitor, I have decided to just do it myself wherby I pay £215 for the grant. I think that's correct.

I am still unsure as to whether I should tell them there was a will or not though.

getmore4less

it may seem complicated but in reality it is is more a case of getting your head round the terms and then it all drops into place.

No spouse, only child and only beneficiary in the draft(unsigned) will.

That makes you sole beneficiary

The partner seems to have moved on so is not likely to contest.

Don't see anything to be gained by looking for a valid will.

Mojisola

theshoefairy wrote: »

She made it with the bank but there is no signature on it?

I would phone the bank and ask if they are keeping the signed will.

Then you will know for sure whether to apply for probate or LOA.

macman

theshoefairy wrote: »

The will states that everything will be left to me. I have just filled out the probate form and I am unsure whether to say there was a will or not.

Do I need the probate to ensure that the house is mine? At the moment it feels like it doesn't belong to anyone and is just floating around.

The house belongs to your mother's estate. It is not yours and will not be yours until you complete the necessary processes. If the will is valid, then who are the executors?

theshoefairy

I am the only person named in the will.

Does it make a difference to me if I am grated probate or grant of administration as to what rights I have and what I can do?

Well the thing is with her partner, she actually owns half of his house. He left his house to ruin when he moved in here about 20 odd years ago. She then forced him into doing it up to rent out. He couldn't get a loan for the repairs himself so she had to do that, on the condition that she was put on the deeds so she actually owned half of that before she died also.

Mojisola

theshoefairy wrote: »

I am the only person named in the will.

Does it make a difference to me if I am grated probate or grant of administration as to what rights I have and what I can do?

If there is a will, you go for probate.

If there isn't, you get letters of administration.

You don't chose - they both give the executor/administrator the same powers.

It sounds as if you either need to do a lot more reading up on wills/probate/inheritance or pay for some legal advice.

Mojisola

theshoefairy wrote: »

Well the thing is with her partner, she actually owns half of his house. He left his house to ruin when he moved in here about 20 odd years ago. She then forced him into doing it up to rent out. He couldn't get a loan for the repairs himself so she had to do that, on the condition that she was put on the deeds so she actually owned half of that before she died also.

Did they own it as 'tenants in common' or 'joint tenants'?