Probate and selling a property that is Tenancy in Common


My Dad died intestate last month. As his only son, I have recently completed an online Probate application, to become Administrator, due there being no Will (which I have confirmed by completing a formal search through Certainty Wills).
I have confirmed that no application for Probate (by my Dad) was made when my step mum died in January 2019. She also died intestate, although a formal will search has not yet been completed. My Dad simply continued living in the property until he died.
The Title Register confirms my Dad and Step mum’s property was bought as Tenancy In Common. For this reason, my Dad’s estate is 50% of the property; I have reflected that in the figures quoted when applying for Probate. The total property value is below the IHT threshold.
Is a separate probate application for Administrator required to manage my step mum’s estate (i.e. the other 50% of the property) before the house can be sold? As I understand, this application would need to be made by a close relative. My step mum has a surviving son; her daughter died last year but she had 2 children (now in their 30’s).
After this is all completed, I believe that, following the rules of Intestacy, the combined Estate will be divided as follows - me (50%), my stepbrother (25%), my step mum’s grandchildren (12.5% each).
Thank you very much for any advice.
Comments
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You need to contact your SM son as he will have to apply for LoA for her estate, without that you can’t sell the house, so you are going to have to work closely together.
Once sold your father’s share goes to you, your SB to her son to distribute between himself and his sisters children, 50% to home 25% each to the children.1 -
AIUI (and assuming that your stepmother lived in England or Wales) your father would have inherited all of your stepmother's estate upon her death. If her estate exceeded £270K the following would apply:
The husband, wife or civil partner keeps all the assets (including property), up to £270,000, and all the personal possessions, whatever their value.
The remainder of the estate will be shared as follows:- the husband, wife or civil partner gets an absolute interest in half of the remainder
- the other half is then divided equally between the surviving children
See Intestacy - who inherits if someone dies without a will? - GOV.UK (www.gov.uk)#2 Saving for Christmas 2023 - £1 a day challenge DONE and DUSTED! £1460£14600 -
JGB1955 said:AIUI (and assuming that your stepmother lived in England or Wales) your father would have inherited all of your stepmother's estate upon her death.0
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greg2022 said:JGB1955 said:AIUI (and assuming that your stepmother lived in England or Wales) your father would have inherited all of your stepmother's estate upon her death.#2 Saving for Christmas 2023 - £1 a day challenge DONE and DUSTED! £1460£14604
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JGB1955 said:greg2022 said:JGB1955 said:AIUI (and assuming that your stepmother lived in England or Wales) your father would have inherited all of your stepmother's estate upon her death.2
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shiraz99 said:JGB1955 said:But, unless your stepmother had made a will, the rules of intestacy come into play.... don't they?
If that is correct and my Dad effectively inherited my Step Mum's estate (I'm still not convinced!) how would I overcome the restriction specified in the Title Register which specifies both as Proprietors and:
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
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greg2022 said:shiraz99 said:JGB1955 said:But, unless your stepmother had made a will, the rules of intestacy come into play.... don't they?
If that is correct and my Dad effectively inherited my Step Mum's estate (I'm still not convinced!) how would I overcome the restriction specified in the Title Register which specifies both as Proprietors and:
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
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greg2022 said:shiraz99 said:JGB1955 said:But, unless your stepmother had made a will, the rules of intestacy come into play.... don't they?
If that is correct and my Dad effectively inherited my Step Mum's estate (I'm still not convinced!) how would I overcome the restriction specified in the Title Register which specifies both as Proprietors and:
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
Intestacy means that the first person to inherit is the surviving spouse
have to say this puts you in a tricky situation, sounds like your dad and stepmum intended to leave their halves to their repective children, however in not making wills the whole of the house has come to your father then to you. If he had died first it would have gone to step mum then to her children and grandchildren per stirpes.
is stepmum's son aware of this? would you want to do a deed of variation for them to have some of the proceeds of the house?
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Flugelhorn said:
Intestacy means that the first person to inherit is the surviving spouse
have to say this puts you in a tricky situation, sounds like your dad and stepmum intended to leave their halves to their repective children, however in not making wills the whole of the house has come to your father then to you. If he had died first it would have gone to step mum then to her children and grandchildren per stirpes.
is stepmum's son aware of this? would you want to do a deed of variation for them to have some of the proceeds of the house?
I'm not in regular contact with my step brother but I will let him know.1 -
Keep_pedalling said:You need to contact your SM son as he will have to apply for LoA for her estate, without that you can’t sell the house, so you are going to have to work closely together.
Once sold your father’s share goes to you, your SB to her son to distribute between himself and his sisters children, 50% to home 25% each to the children.
In your shoes I would look at a deed of variation to undo the foolishness so that her child and grand children receive her share of the property.
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