DIY Probate. Sanity check.

optoutDB

I am joint executor of my Dad's Will with my two brothers. We all get on very well. I will do most of the work, and do it myself if possible without solicitors.

The will is simple:  his estate is left to us three brothers equally. Our mother survives him. 

Between them my parents have a £420k house and £340k in ISA/PremBonds etc. 

No inheritance tax according to the gov.uk checker

I have applied for probate.

As I understand it, his half of the jointly owned house now passes to my mother.  Does she apply to change the Deeds/ Land Registry now? ( my assumption being that this is Law and nothing to do with execution of the will).

So I just need to split their other assets 50/50 and then distribute his half as stated in his will.

The cash is more or less split 50/50 already, my plan is to value their joint physical assets (married so no individual assets) which will be less than £10k, assign those to mum and then make his Cash balance £10k more than hers. That cash is then his estate to be distributed.


How am I doing?

Savvy_Sue

Just checking, does your mother have her own means of support, if all she's due to receive is half a house ...

optoutDB

Savvy_Sue said:

Just checking, does your mother have her own means of support, if all she's due to receive is half a house ...

She will now have: the whole house and £170k cash.  And for income: her state pension, and 50% of Dad's work pension, and attendance allowance. So she is financially sound..

tooldle

Mum keeps everything that is already in her name. Everything in your fathers name is distributed according to the will. 

You mention a physical asset of 10K . If this was a joint purchase, mum already owns 5K of the asset and might own it all depending on the wording of the will.

p00hsticks

optoutDB said:

As I understand it, his half of the jointly owned house now passes to my mother.  

It depends exactly how the house was owned.

If owned as tenants in common, then he owned half the house and that passes to you and your brothers, as per his will. 

If owned as joint tenants then there are no individual 'halves'. He and your mother owned the whole house between them, and on his death it automatically passes to your mother, regardless of any will. 

Keep_pedalling

p00hsticks said:

optoutDB said:

As I understand it, his half of the jointly owned house now passes to my mother.  

It depends exactly how the house was owned.

If owned as tenants in common, then he owned half the house and that passes to you and your brothers, as per his will. 

If owned as joint tenants then there are no individual 'halves'. He and your mother owned the whole house between them, and on his death it automatically passes to your mother, regardless of any will. 

If it is the former, then you should consider a deed of variation giving your mother a life interest on his share. This will give her greater security, protect your inheritance and avoid CGT when the house is eventually sold.

If you are unsure check the land registry. If it is held as TiC you should find the following restriction.

No Disposition By A Sole Proprietor Or The Registered Estate (Except A Trust Corporation) Under Which Capital Money Arises Is To Be
Registered Unless Authorized By An Order Of The Court’.

https://www.gov.uk/search-property-information-land-registry

bunnygo

regarding the actual change of the land registry entry (subject to circumstances), there's a form you can download, print, sign and send off. I waited until probate but it seems they will accept a death certificate.

J63320

If your father had ISAs, but your mother is not inheriting that money, make sure she knows she is still entitled to the Additional Permitted Subscription. (I’m assuming they were married.)