Lost will is Probate needed

tb4100

Sadly my husband died recently, we both made mirror image wills, but have mislaid them.

Our property was own by us jointly outright, will I need to apply for probate ? will I need a solicitor ?

xylophone

You own your property as joint tenants? The property now falls into your sole legal and beneficial ownership.
You do not need probate to remove your late husband's name from the register.

https://help.landregistry.gov.uk/app/answers/detail/a_id/29/~/remove-a-deceased-joint-owner-from-the-property-record

But what about the rest of your husband's assets?

Did he own them on a sole or joint basis?

Were your wills drafted by a solicitor?

sassyblue

If you made mirror image wills it sounds like they were professionally drawn up. The solicitor should have a copy they can supply, even perhaps the original one you both executed?

tb4100

xylophone said:

You own your property as joint tenants? The property now falls into your sole legal and beneficial ownership.
You do not need probate to remove your late husband's name from the register.

https://help.landregistry.gov.uk/app/answers/detail/a_id/29/~/remove-a-deceased-joint-owner-from-the-property-record

But what about the rest of your husband's assets?

Did he own them on a sole or joint basis?

Were your wills drafted by a solicitor?

Yes property owned, morgage paid off about 15 years  ago.
No other assets in my husbands name except small bits and pieces.
Wills were written by a will drafting company about 20 years ago and cant remember by who, it was not a solicitors.

Mickey666

Is the husband's estate worth more than £270k (I think that's the current number)?  
If so, under the intestacy rules I think the spouse gets everything, in which case would probate be required?

tb4100

Mickey666 said:

Is the husband's estate worth more than £270k (I think that's the current number)?  
If so, under the intestacy rules I think the spouse gets everything, in which case would probate be required?

The house is worth jointly about £300k and with no other assets  in my husbands name 

Savvy_Sue

tb4100 said:

Mickey666 said:

Is the husband's estate worth more than £270k (I think that's the current number)?  
If so, under the intestacy rules I think the spouse gets everything, in which case would probate be required?

The house is worth jointly about £300k and with no other assets  in my husbands name 

So only half the value of the house counts for IHT purposes, so no problem there. 

You may not need probate. If you do, you can apply for Letters of Administration instead. However making a will yourself would be sensible. 

I am sorry for your loss. 

Mojisola

tb4100 said:

Yes property owned, morgage paid off about 15 years  ago.
No other assets in my husbands name except small bits and pieces.

As long as all the companies will release the money without probate, then you won't need it.

It often isn't needed on  the first death, depending on how big the estate is.

Don't leave it too long before you get a new will made - and use a solicitor.

tb4100

Thank you everyone for taking the time to reply you have all been very helpful