Is probate needed and title deeds question

Duracellqueen

My husbands Mum died in 2018, leaving her half of the house she owned as tenants in common with her husband to their son ( my husband). In the will my husbands half was in trust until his Dad wanted to sell or died. We did not change land registry so it still has both his parents names on it.
My husbands Dad has just died. We have been advised that because my husband did not change land registry details from his Mum to himself probate is required.  There are no other beneficiaries to the will other than my husband.
Is there not a way we can tell land registry without probate?
Also, if probate is required , on the online form do we take off the value of his Dad's share of the property as it was jointly owned( I trust with his son) and has passed to his son now? 
Any advice most welcome.

Land_Registry

Duracellqueen said:

My husbands Mum died in 2018, leaving her half of the house she owned as tenants in common with her husband to their son ( my husband). In the will my husbands half was in trust until his Dad wanted to sell or died. We did not change land registry so it still has both his parents names on it.
My husbands Dad has just died. We have been advised that because my husband did not change land registry details from his Mum to himself probate is required.  There are no other beneficiaries to the will other than my husband.
Is there not a way we can tell land registry without probate?
Also, if probate is required , on the online form do we take off the value of his Dad's share of the property as it was jointly owned( I trust with his son) and has passed to his son now? 
Any advice most welcome.

When you have a sole registered owner probate is always required in order for the executor to transfer the legal ownership. 

Your husband couldn’t have changed the registered details when Mum died. Dad would have needed to transfer it but that wasn’t required as the trust created protected things as arranged. 

Others will need to advise re probate but check GOV.UK for guidance also 

Keep_pedalling

Assuming the trust was an immediate post death interest trust, which is likely, then you mother in law was the sole beneficial owner of the whole house is part of her estate for IHT purposes. The trust would not have used any part of his NRB or residential NRB so they will be transferable to her estate if required. It also avoides and CGT issues for your husband.

Including the house what is the approximate value of her estate. Did you father in law leave anything else to people other than his wife or charities? If so how much? 

Duracellqueen

Land_Registry said:

Duracellqueen said:

My husbands Mum died in 2018, leaving her half of the house she owned as tenants in common with her husband to their son ( my husband). In the will my husbands half was in trust until his Dad wanted to sell or died. We did not change land registry so it still has both his parents names on it.
My husbands Dad has just died. We have been advised that because my husband did not change land registry details from his Mum to himself probate is required.  There are no other beneficiaries to the will other than my husband.
Is there not a way we can tell land registry without probate?
Also, if probate is required , on the online form do we take off the value of his Dad's share of the property as it was jointly owned( I trust with his son) and has passed to his son now? 
Any advice most welcome.

When you have a sole registered owner probate is always required in order for the executor to transfer the legal ownership. 

Your husband couldn’t have changed the registered details when Mum died. Dad would have needed to transfer it but that wasn’t required as the trust created protected things as arranged. 

Others will need to advise re probate but check GOV.UK for guidance also 

So, if my husband gets probate and then sells the house can the title be transferred from his parents to the new owners at that point?

Land_Registry

Duracellqueen said:

Land_Registry said:

Duracellqueen said:

My husbands Mum died in 2018, leaving her half of the house she owned as tenants in common with her husband to their son ( my husband). In the will my husbands half was in trust until his Dad wanted to sell or died. We did not change land registry so it still has both his parents names on it.
My husbands Dad has just died. We have been advised that because my husband did not change land registry details from his Mum to himself probate is required.  There are no other beneficiaries to the will other than my husband.
Is there not a way we can tell land registry without probate?
Also, if probate is required , on the online form do we take off the value of his Dad's share of the property as it was jointly owned( I trust with his son) and has passed to his son now? 
Any advice most welcome.

When you have a sole registered owner probate is always required in order for the executor to transfer the legal ownership. 

Your husband couldn’t have changed the registered details when Mum died. Dad would have needed to transfer it but that wasn’t required as the trust created protected things as arranged. 

Others will need to advise re probate but check GOV.UK for guidance also 

So, if my husband gets probate and then sells the house can the title be transferred from his parents to the new owners at that point?

Probate will be needed for Dad as the property forms part of his estate and for his executor/personal representative to deal with the property, yes