Probate query

10 Posts

Father passed away 2016 leaving his share of the family home to myself and sister, who also happen to be the executors of the will. I have the original will. No solicitors have been involved.
Probate Office advised no need to pursue probate until the passing of the surviving spouse.
My mother attempted to sell the house without my knowledge but this stalled due to my late father's interest on the deeds as Tenants in Common.
Mother died recently. I believe that I am not likely to be a beneficiary in my mother's will, however I don't know for certain since we were estranged. I understand her brother is the executor of her will.
I have contacted my sister who lives abroad regarding pursuing probate of our father's will but she is not responding to my contact. I have not heard from her in many years.
I am estranged from the remaining family.
I need to ensure that when my mother's will is being administrated that my father's will is also executed.
How can I ensure that my father's will is not overlooked during the processing of my mother's estate?
Thank you.
Thank you.
0
Latest MSE News and Guides
Replies
You will need to work with your mothers executor in order to get the house sold once you both have probate.
Death certificate of dad and probate for mum will be sufficient to deal with the legal title by the executor of mums will.
At time of dad's death new owners or trustees should have been added to the title to protect the beneficiaries of dad's will.
You will need to liaise with the executor of mums will to secure your beneficial interest.
Lucky the sale failed as it would have been possible for her to succeed with a little more planning.
If value of property gone up you will have a CGT assesment to deal with if there was no life interest.
(Legal title is always joint tenants)
There may be the need for an IHT return on that dad's estate.
The benefitial interests don't need a grant, it's down to the executor/trustees on mums estate to ensure estate distribution is done properly.
Probate for that person on death has total control of the legal interest in the property.
https://www.gov.uk/joint-property-ownership
Joint tenants
As joint tenants (sometimes called ‘beneficial joint tenants’):
Tenants in common
As tenants in common:
Probate only needed for last surviving legal owner to deal with a property.
Beneficial ownership can be joint or TIC.
Land reg practice guide 24 might help.
https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land