Probate Required?

Frosty86

My Step Father died in December last year and my Mother died in May. Following my Step Father's death my mother did not do anything assuming everything just passed to her automatically. Neither had a will.

Following my Mother's death I am trying to unpick everything to work out how best to proceed. My understanding is as they were married joint assets pass to the remaining spouse. However, they did not own their home jointly, but as Tenants in Common with my Mother owning the larger percentage. My Step Father also had a private pension and car solely in his name. Neither the pension or car are likely to have much value.

The entire value of the estate is likely to be in the region of £210,000 - £220,000.

Do I need to apply for two separate Grants of Representation or do I just need to apply for this for my Mother?

Yorkshireman99

Frosty86 wrote: »

My Step Father died in December last year and my Mother died in May. Following my Step Father's death my mother did not do anything assuming everything just passed to her automatically. Neither had a will.

Following my Mother's death I am trying to unpick everything to work out how best to proceed. My understanding is as they were married joint assets pass to the remaining spouse. However, they did not own their home jointly, but as Tenants in Common with my Mother owning the larger percentage. My Step Father also had a private pension and car solely in his name. Neither the pension or car are likely to have much value.

The entire value of the estate is likely to be in the region of £210,000 - £220,000.

Do I need to apply for two separate Grants of Representation or do I just need to apply for this for my Mother?

If neither left a will thn two separate grants are required. Given the size of the estate(s) then all the assets would pass under the intestacy rules from your mother to your step father. Did your step father have any choldren?

SevenOfNine

Yorkshireman99 wrote: »

If neither left a will thn two separate grants are required. Given the size of the estate(s) then all the assets would pass under the intestacy rules from your mother to your step father. Did your step father have any choldren?

Wrong way round I think YM99. Stepfather died first in Dec 2016 & mother this year in May.

Frosty86

Thank you.

My Step Father passed away first, so I assume everything passes to my Mother.

He does not have any living blood relatives that we are aware of. Was an only child, of only children and never has any children of his own.

Yorkshireman99

SevenOfNine wrote: »

Wrong way round I think YM99. Stepfather died first in Dec 2016 & mother this year in May.

Of course! Severe brain fade caused by the hot weather! Thanks for correcting me.

getmore4less

If the only asset of the SF left to deal with is the house ie. everything else in sole name has been transferred to spouse then there is a good chance no grant will be needed for that estate.

Re read. Pension provider may want it for SF so check, car won't be a problem.

You will need a grant for your mother.

Brighty

If the house was owned as tenants in common, then i think probate for dad will be required.

If it was joint tenants, then land registry would just need to see his death cert, to prove he had died and show them the house passed to mum, then mums probate to show you have authority to deal with here estate. But as it's tenants in common, they'll need probate for dad, as for all they know, he left a will leaving his share to the cats home, they'll need to see probate to know you have the authority to pass his share to mum, then onto you

Was stepdads share of the house over £250k? If so it's possible not everything should have gone to your mum. If he had kids of his own (from a previous relationship) then those children should inherit half of anything over £250k

Frosty86

Thanks for the responses.

Looks like will need to go through probate once for Step Father and then for Mother.

His share is not worth more than £250k and no children of his own, so will all pass to Mum and then onto children.

getmore4less

Brighty wrote: »

If the house was owned as tenants in common, then i think probate for dad will be required.

Grant only required on the death of the last owner, TIC or joint makes no difference.

Land reg don't care about beneficial ownership just the legal ownership so a death certificate is enough to remove a name and the survivor can deal with the property, or if dead their representatives.

Land_Registry

getmore4less is correct re death certificate for step Dad and letters of administration for mum. The legal ownership passed to mum. And as no will it's LofA as probate is issued where there is a will

However the TIC will impact if there is a form A restriction on the register. Have you checked or is the TIC understanding taken from some other source?

If there is a form A restriction you may find it easier to apply for two administrators, hence getmore4les referring to representatives, as this can help when selling. If you are not selling then one is fine but the form A would remain if you transferred it to a beneficiary and did not prove that the trust, protected by the TIC, had come to an end