No will - tenants in common & beneficial joint tenants

Jazz11

My Dad passed away recently leaving no will.
We understand that rules of intestate apply. 

I jointly own land with my Dad as tenants in common meaning my dads share should go to next of kin (my mum). Is probate or letters administration required for this part?

mum and dad jointly own their house as beneficial joint tenants. For this part I understand that probate is not required. 

They have joint bank accounts and savings for which I understand no probate is required.

How do we manage this ?

Advice welcome.

thanks 

getmore4less

Probate not required for the land you are now the sole legal owner, you can process this yourself.

Depending on value the beneficial interest of your dad may not all go to your mum.

Jazz11

getmore4less said:

Probate not required for the land you are now the sole legal owner, you can process this yourself.

Depending on value the beneficial interest of your dad may not all go to your mum.

The land is under ‘tenants in common’ so it should go to next of kin (mum) not me as there is no will. This is what we (dad and I) wanted when we bought the land. Do we need probate for this?

The house is under joint tenants (mum & dad) as they are married my mum automatically gets Dads share. What do we do to process this to put mum as sole owner? There is no mortgage. 

Thanks

Keep_pedalling

Jazz11 said:

getmore4less said:

Probate not required for the land you are now the sole legal owner, you can process this yourself.

Depending on value the beneficial interest of your dad may not all go to your mum.

The land is under ‘tenants in common’ so it should go to next of kin (mum) not me as there is no will. This is what we (dad and I) wanted when we bought the land. Do we need probate for this?

The house is under joint tenants (mum & dad) as they are married my mum automatically gets Dads share. What do we do to process this to put mum as sole owner? There is no mortgage. 

Thanks

If his assets exceed £270,000 then if does not all go to your mother. The first £270k and 50% of the remainder go to her the rest goes to his children. If your mother does not want the 50% share of the land, the best option would be for her to gift it to you rather than a deed of variation.

Jazz11

Keep_pedalling said:

Jazz11 said:

getmore4less said:

Probate not required for the land you are now the sole legal owner, you can process this yourself.

Depending on value the beneficial interest of your dad may not all go to your mum.

The land is under ‘tenants in common’ so it should go to next of kin (mum) not me as there is no will. This is what we (dad and I) wanted when we bought the land. Do we need probate for this?

The house is under joint tenants (mum & dad) as they are married my mum automatically gets Dads share. What do we do to process this to put mum as sole owner? There is no mortgage. 

Thanks

If his assets exceed £270,000 then if does not all go to your mother. The first £270k and 50% of the remainder go to her the rest goes to his children. If your mother does not want the 50% share of the land, the best option would be for her to gift it to you rather than a deed of variation.

Hi thanks for the reply.

From what I understand on intestate rules is that the house would not be part of the estate. The remaining assets are below £270k therefore house and estate goes to mum:

Example: Tom and Heather are married and own their flat jointly as beneficial joint tenants. They have a child called Selma. Tom dies intestate leaving the jointly-owned flat worth £300,000, and £50,000 in shares in his own name. The flat goes automatically to Heather. This leaves an estate of £50,000 which also goes to Heather, as it is worth less than £270,000. Selma inherits nothing.

She does want the 50% share in the land. Do we need probate for this?

For the house under beneficial joint tenants (mum & dad). How does the ownership legally transfer to 100% mum. Assume we don’t need solicitors to do this.

Thanks