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Will I need probate?
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cherry76
Posts: 1,096 Forumite


Will I need probate on first death of elderly parents? My elderly parents own their house as tenants in common and created a will trust immediate post death interest.On first death their share of the property will pass to my brother and myself. The trust ends on both deaths. Will I still need to do probate on first death as with some bank you could withdraw up to £50,000 e.g barclays without probate. In that case I was wondering whether I should check on the banks and keep money in their account below that amount required for probate. I do understand on second death probate will be needed to transfer property. Can this be done? Just wondering and thinking during this difficult time. Thanks
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Provided the amounts in all the banks are below their probate limits then probate shouldn't be needed. Note some institutions have quite low limits e.g. National Savings and stockbroker accounts.
(That said I am not absolutely certain about the trust, but I don't think that will make any difference. I believe the one requirement to avoid probate for a house is that one of the owners is still living.)1
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