Deed of alteration removes the need for Probate?

Rodders2409

Hello everyone,

I apologise , because I wrote a long post earlier and have realised that maybe my question can be condensed in a much better way!

If an Executor completes a Deed of Alteration provided by a Solicitor to remove themselves from any responsibilities or claims within a Will, leaving only one executor does that remove the need for Probate, and the time required, given there are zero other complications within the Will?
 

bobster2

A Deed of Variation (what I think you're referring to) is not to remove or change Executors. It is used to change how an estate is distributed (i.e. the beneficiaries).

The need for Probate depends on the value of the assets in the estate and how they were owned (joint or sole names) - not who the Executor or beneficiaries are.

p00hsticks

I've never heard of a Deed of Alteration - do you mean a Deed of Variation ?

Are we talking England / Wales here ?

As I understand it, whether or not probate is required is determined by what sort of assets are in the estate - for example if there is property, or shares, or large sums in insititutions that require probate to release them - rather than who the executor or beneficiaries are.

I can't see that a Deed of Variation (which changes who items in the will are left to) or an executor renouncing (which I think would be done another way) woudl alter the fact that probate is (or isn't) needed.

https://www.gov.uk/applying-for-probate

Keep_pedalling

If the DoV gives everything to the widow then it might do, but it will still be required if he held any assets such as stocks and share that can’t be released without it. 

I did read the other post, but could not see why having to apply for probate was such a big issue for her.

Rodders2409

Many thanks for your responses...let me try and fill in the gaps hopefully in a more coherent way.

The problem is a timing one, in that she's accepted an offer on her property and had an offer accepted on a property she's besotted with, she's also handed her notice in! Yesterday afternoon she was told by a Legal Secretary as her Solicitors on vacation, that her will may require Probate....that would probably mean all property stuff would collapse on her, which would be a bit awful.

The Property is £185K....couple in England as is property and Wills registered in England too.

There are no other investments or valuables, the joint account had less than £4K at point of passing.

Her Step son whose the other named Executor does not want to prevent in anyway his Step mum from moving and is whole heartedly willing to complete Deed of Variation with the Solicitors. This would hopefully mean that, as the Will becomes 'simple' and the values aren't huge, that Probate isn't required.

Keep_pedalling

Based on what you have said, probate should not be required as she is now the sole owner of the property.

Rodders2409

Thanks KeepPedalling,

Is she the 'sole owner' once the Deed of Variation are completed or is she the sole owner now?....
The whole 'Joint Tenancy' Vs 'Tenancy in Common' is confusing us....have you been able to read my earlier post this morning laying out the Will details?

theoretica

Does this help?

https://www.co-oplegalservices.co.uk/media-centre/articles-jul-sep-2019/is-probate-needed-for-property-owned-as-joint-tenants/

Rodders2409

Thanks Theoretica,

I've read that but I'm not sure if my understanding is correct....
The property was registered  in Land Registry as Joint Ownership, so thats OK but the will that was written ....see my earlier post for details...might change that some how.?

peb

You said before that the property was held as tenants in common as a sole proprietor restriction was on the title.  I responded saying that this could be overcome by the appointment of a trustee.  If get stepson is prepared to he can be appointed within the transfer as trustee, basically saying that the sale is in accordance with the trust.  The sale is in accordance with the trust as she is the beneficiary under the will.  

She will need, with her stepson, to speak to the solicitor and possibly a conveyancing solicitors.

I would mention that probate can often take a couple of weeks if the information gathering is done promptly.  It can also take months thus I recommend houses not be marketed until probate is granted.

Rodders2409

peb said:

You said before that the property was held as tenants in common as a sole proprietor restriction was on the title.  I responded saying that this could be overcome by the appointment of a trustee.  If get stepson is prepared to he can be appointed within the transfer as trustee, basically saying that the sale is in accordance with the trust.  The sale is in accordance with the trust as she is the beneficiary under the will.  

She will need, with her stepson, to speak to the solicitor and possibly a conveyancing solicitors.

I would mention that probate can often take a couple of weeks if the information gathering is done promptly.  It can also take months thus I recommend houses not be marketed until probate is granted.

Thanks peb,

I think I'm getting the picture now, the will allows the property to be sold if the other executor agrees and formally states it though the solicitors etc.

Doing this will remove any need for Probate and the probable time delay because the reason this is so sensitive is because offers have already been accepted up and down the chain. This entire question has come out of the blue for her.