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3 tenants in common - probate/mortgage

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Comments

  • Flugelhorn
    Flugelhorn Posts: 7,626 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    thank you I realise legally it is in trust, but in theory it is mum and I's, as I cannot see them wanting to get probate as they are not well off either would I be better off asking them to renounce their roles? my father agreed to give £100 for this role as will was written in 1979
    The cost of probate would come out of the estate, not be paid personally by the executors. After all this time I suspect they would be happy to renounce the roles
  • ha ha ha the estate is about £12 lol!! I think they would be happy to renounce!
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    ha ha ha the estate is about £12 lol!! I think they would be happy to renounce!
    Well, £12 + (1/3 x (£200k-24k)).
  • notrouble
    notrouble Posts: 203 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    edited 18 February 2020 at 6:01PM
    * Contact executors
    * ask them to either
    a) obtain probate or
    * if b) then decide who will apply to take over as executer - you, or mum, or both. Do Not get a solicitor to become executor as he will charge you a fortune. You can always instruct a solicitor to advise you, or take on certain parts of the process. This will cost much less.
    * draw up (or instruct a solicitor) a variation to the will, removing the need for a trust. All (both) Beneficiaries must agree/sign.
    * you can then transfer ownership into your two joint names. You may need a new declaration of trust specifying ownership is 50/50, or you could switch to owning as Joint Tenants instead of TIC - thus if either you or mum dies, the other would immediately own 100% in sole name. Depends if that's what you want,or either of you would want to leave your 50% to someone else.


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