Probate-free estates?

getmore4less

Even tenants in common the survivor becomes the sole legal proprietor.
No need for a grant just a death certificate.

Mickey666

Do you mean, for a surviving spouse, a LR title in both names + a death certificate is just as good as a LR title updates to just the surging spouses name?  As far as any subsequent sale by the executors of the second death are concerned?

Savvy_Sue

Mickey666 said:

Do you mean, for a surviving spouse, a LR title in both names + a death certificate is just as good as a LR title updates to just the surging spouses name?  As far as any subsequent sale by the executors of the second death are concerned?

We found it was not: the buyers' solicitors insisted on a form being signed to indicate that none of the beneficiaries were laying claim to it - I think it was that because it required all our signatures. Our solicitors thought it was OTT ... 

getmore4less

Savvy_Sue said:

Mickey666 said:

Do you mean, for a surviving spouse, a LR title in both names + a death certificate is just as good as a LR title updates to just the surging spouses name?  As far as any subsequent sale by the executors of the second death are concerned?

We found it was not: the buyers' solicitors insisted on a form being signed to indicate that none of the beneficiaries were laying claim to it - I think it was that because it required all our signatures. Our solicitors thought it was OTT ... 

How could they know who the potential beneficiaries that could make a claim are?  (there is no list)
Any claim would be against the proceeds through the trustees(last legal owners representatives) not the title.

Savvy_Sue

getmore4less said:

Savvy_Sue said:

Mickey666 said:

Do you mean, for a surviving spouse, a LR title in both names + a death certificate is just as good as a LR title updates to just the surging spouses name?  As far as any subsequent sale by the executors of the second death are concerned?

We found it was not: the buyers' solicitors insisted on a form being signed to indicate that none of the beneficiaries were laying claim to it - I think it was that because it required all our signatures. Our solicitors thought it was OTT ... 

How could they know who the potential beneficiaries that could make a claim are?  (there is no list)
Any claim would be against the proceeds through the trustees(last legal owners representatives) not the title.

Honestly, I can't remember all the details. We didn't change the details on the land registry on the first death, and just as we were close to completion after the second death the buyers' solicitors threw up this 'problem'. Our solicitors thought it was OTT, but that's what we were being asked to do. So I picked up a form from our solicitors and it started a merry dance around the country to get it all signed and off to the LR within a week: we carefully calculated who would be able to sign it and get it back in the post the same day, and who would not.

I am not aware of being executor for anyone else, apart from DH, so if he goes first I am DEFINITELY going to change things at the LR! Just to ensure this doesn't happen to our boys ... 

wellspurs

My father in law died 30 years ago aged 65 passing everything to his widow.
Recently my mother in law died aged 95 leaving an estate worth about £550,000 in various bank account,isas etc
I have had conflicting advice but the way I hope I read it is that my FIL passed his allowance on to my MIL?
Meaning my MIL IHT allowance of £325000 is now doubled to £650,000?
I would be gratefull for any comments?

xylophone

My father in law died 30 years ago aged 65 passing everything to his widow.

Therefore he used none of his nil rate band.

Therefore 100% of current  NRB  is transferable to his widow's estate.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/497793/IHT402.pdf