My mother has passed away but I'm not sure if I need to apply for probate for the house and probate

xylophone

I don't know what a Form A restriction is?

https://www.leathesprior.co.uk/news/restrictions-on-title-protecting-interests-in-property#:~:text=1)%20Tenants%20in%20Common%20%E2%80%93%20Form,the%20title%20of%20the%20property.

Canonfodder

xylophone said:

I don't know what a Form A restriction is?

https://www.leathesprior.co.uk/news/restrictions-on-title-protecting-interests-in-property#:~:text=1)%20Tenants%20in%20Common%20%E2%80%93%20Form,the%20title%20of%20the%20property.

Thanks.
"will be given to someone in accordance with their Will, for example to their children"

getmore4less

Canonfodder said:

Sorry to ask as I don't fully understand but would I still need to apply for probate please?

Answered in first reply you don't need probate to deal with the house. 

xylophone

She had nothing else apart from the property.

Then it would seem that probate will not be required.

Presumably you and your brother now own as TiC so a Form A restriction will remain?

Canonfodder

Thanks for all the help. 
So my final question I would like to ask is what will we need to do legally to be able to sell the property please?

getmore4less

It will be a normal sale by the legal owners. 

xylophone

https://hmlandregistry.blog.gov.uk/2018/02/13/property-owner-dies/
You can advise the Land Registry of your mother's death.
You can instruct a conveyancing solicitor to deal with the sale.

macman

If it's TIC then the LR entry will show the percentage ownership split. eg 50/25/25. If it's JT then it won't, as all parties own all of it.

getmore4less

There is no requirement for the land reg to have the beneficial ownership as they record the legal owners.