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Help I don't know where to start with probate over 18 month after my Dad passed away.

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Comments

  • Cooboo
    Cooboo Posts: 6 Forumite
    First Anniversary Name Dropper First Post
    @Land_Registry - just thinking, if a property had an equity loan taken out in recent years (as this one did) - would it have been registered at that point? or would they have continue with the paper deeds?
    The Equity Release company is down as the lenders on the deeds - I have updated them that my Dad has passed away so I am hoping i do not need to do anything else now? Thanks in advance.
  • Land_Registry
    Land_Registry Posts: 6,212 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Cooboo said:
    If it is in joint names then probate isn’t required to deal with the property. If it is in Dad’s sole name still then probate will be needed at some stage. 
    The time lag to date has little impact as it’s only when you need to deal with the property in some way that things need to happen.
    Check the register and hopefully there is one. If there isn’t and you can’t find the deeds that’s an additional thing to focus on and resolve 
    Hi there. I have checked the deeds on land registry and it has both my mother and father's names as the 'registered owners' on it so I take it this means I do not need to do a probate? Do I just do nothing now? Should I get my father's names off the land registry?

    I take it that my mother can now go ahead and make a new will so that its up to date and that's it? Thank you in advance.
    As it’s in joint names the legal ownership passes to Mum as the surviving sole owner. That means the property itself doesn’t form part of your late Dad’s estate so probate is not needed to deal with the property. 
    You can update the register re the death at any time 
    https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=5f8d2b40-8c82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=
    Mum can make a new will at any time but it’s worth you all checking on what’s in place including the equity release and seeking wider legal/financial advice to consider all options. You can then agree next steps as appropriate 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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