Probate for Tenants in Common

Just_caring

we put our house as tenants in common many years ago, in his will all savings and half the house etc are left to me and his half share of the house is left to our son and grandchildren 80/20 split, will I have to obtain probate because of the division of the house, the estate is worth approx £310,000 inc house & savings 

maman

Sorry to hear about your loss.

We have a similar will. 

When you did the the tenants in common, did you have a lifetime interest in the house? i. e. Are you able to stay in the house with your husband's portion only passing to his family after your death?

Just_caring

Hi Maman,

Thank you for your quick reply, yes I am able to stay in the house or sell it as I wish and it will only pass to our son after my death. 

getmore4less

You don't need probate for the house. 
The life interest for you  create a IPDI trust. 

maman

I'm not an expert but I believe some banks may require probate if any of the accounts are solely in your husband's name. Hopefully someone can advise.