Tenants in common 13 July at 12:18AM in Deaths, Funerals & Probate 7 replies 180 views

Nikkimikki

Hi, I was hoping to get some clarity on a query about my parents property (that they live in) which is owned outright as tenants in common.  My parents both have Wills in place that state that in the event of their death, all assets will pass to the surviving spouse.

My question is, will a grant of probate be required for this property on the first death?

Hoping somebody can help!

Mojisola

If they are leaving their share to each other, why not change the ownership to 'joint tenants'. 
People usually own as tenants in common if they want to leave their share to someone other than their spouse. 

Nikkimikki

It would be a cost for them to do that just now and we just wanted to be aware of the implications of not changing it ie will probate be required on this asset.

Nearlyold

What cost are you referring to?

Nikkimikki

The solicitors fees and any associated land registry fees.

Nearlyold

There are no land registry fees to pay & you can get a Trust Deed Template on line for £15 from places like The Legal Stop

xylophone

It would be a cost for them to do that just now and we just wanted to be aware of the implications of not changing it ie will probate be required on this asset.

See your other thread.

getmore4less

Nikkimikki said:

Hi, I was hoping to get some clarity on a query about my parents property (that they live in) which is owned outright as tenants in common.  My parents both have Wills in place that state that in the event of their death, all assets will pass to the surviving spouse.

My question is, will a grant of probate be required for this property on the first death?

Hoping somebody can help!

NO, 

 it does not matter if they are joint or TIC probate is not needed to deal with the property.