Unsure as to whether probate required

davem7

We very recently lost my dad, and I am trying to figure out what financial steps we might need to take. Mostly I think this is a very standard case, in that he owned a house jointly with my mom, and has very little in the way of liquid assets, investments or really anything other than the house. I was therefore thinking that we would be unlikely to need probate in this case. However, it transpires that he (or rather his estate) is also the beneficiary of someone else's estate that is presently being finalised by their executors. There is a fairly big sum of money involved in that transaction (around £60k). I am therefore unsure whether probate is required or not! Anyone else been in this position or have any advice?

xylophone

Did your father make a will?
Was the house owned on a joint tenancy with your mother?

https://www.gov.uk/joint-property-ownership

Did he have any sole accounts?

he (or rather his estate) is also the beneficiary of someone else's estate 

Was he living when the testator died? Otherwise see
https://www.co-oplegalservices.co.uk/media-centre/articles-jan-march-2019/what-happens-in-probate-if-a-beneficiary-has-died/#:~:text=Generally if a beneficiary dies,residuary Estate to be redistributed.

davem7

He did make a will with a single named executor (my aunt, for some reason), bequeathing everything to my mom. I believe the house is joint tenancy, although I can't find the deeds to confirm this yet. He did have a few sole accounts, but as I say, they don't have much (or any) money in them, from what I can see at least. He was living when the testator died.

xylophone

I believe the house is joint tenancy, although I can't find the deeds to confirm this yet.

Has the house been registered at the Land Registry? If so you can download a copy of the Register.

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

If it's a joint tenancy then it passes to your mother by simple survivorship regardless of any will.

If it's a t-i-c then his interest passes to your mother by will.

If the house has not been registered then now may be the time to organise First Registration.

With regard to the sole accounts, if there is very little in them then the banks may well release the funds without probate.

However, the executor of the person who left the bequest to your father (which will  pass to your  father's estate and then to your mother  by virtue of his will) may  require the executor of his estate to show a Grant in order to release the money to your mother.

It looks to be a very simple estate and getting probate should be easily managed by your aunt.
https://www.gov.uk/applying-for-probate/apply-for-probate

davem7

Thanks @xylophone for your help here. I grabbed the title register and indeed they are joint tenants, so no problems there. We'll get in touch with the banks & solicitors to see if probate is required.