PROBATE ISSUE

Kasim1991

Please can anyone help

 My father was the sole owner of the property and left a will that i can have the property under the condition that my mother stays in the property and i take care of her. My father passed away in 2015 and applied for probate granted in 2017.

Grant of probate was granted to me and underneath my name
"For the use and benefit of (my mother) limited untill further representation be granted"

me busy with my life i shoved the probate in the drawer. Now my mother past away in 2020. I tried transfering the property in my name and the problem is my mother did not leave a will. The Land Registry has knocked the application back the date of assent is incorrect and cancelled the application.

I think they are asking for anything regarding my mother ie letter of admin or probate but she did not have anythin.

Please can anyone guide me in the right direction to what mothers docs i need to get over this
Any help is appreciated

Keep_pedalling

Can you say what the exact wording was on your father’s will was with regard to the house. Normally in these circumstances the house would pass into an immediate post-death interest trust. The trust becomes the legal owner and your mother the beneficial owner. The house would then pass to you on her death and for IHT purposes it formed part of her estate.

The wording you have used sound rather odd and sounds horribly like a DIY job. 

Kasim1991

This is the exact wording.
So how do i apply AP1 and AS1 with probate but same issue will rise again. The question still will be asked regarding my mother. Allso please see attached email i recieved befor the cancelled the application i hope this makes sense
(Images removed by Forum Team)

Kasim1991

I did speak to Land Registry today. From what i understood they want somerhing regardin my mother ie letter of admin or probate obviously she did not leave a will is ther any other evidence i can send

Kasim1991

Repost due to personal info on previous post

Please can anyone help

 My father was the sole owner of the property and left a will that i can have the property under the condition that my mother stays in the property and i take care of her. My father passed away in 2015 and applied for probate granted in 2017.

Grant of probate was granted to me and underneath my name
"For the use and benefit of (my mother) limited untill further representation be granted"

me busy with my life i shoved the probate in the drawer. Now my mother past away in 2020. I tried transfering the property in my name and the problem is my mother did not leave a will. The Land Registry has knocked the application back the date of assent is incorrect and cancelled the application.

I think they are asking for anything regarding my mother ie letter of admin or probate but she did not have anythin.

Please can anyone guide me in the right direction to what mothers docs i need to get over this
Any help is appreciated

Kasim1991

what evidence can i send if my left no will or letter of admin to satisfy Land registry?

Keep_pedalling

It is hard for us to provide advice without knowing the specific terms of your father’s will with regard to the house. I would not expect to see wording that makes your inheritance dependant a the condition that you care for your parent. Was this will drain up by a solicitor or was it a DIY job.

Normally when you want to protect the security of a spouse but make sure the inheritance passes down to your children your will would create an immediate post-death interest trust. This puts the legal ownership of the house with rather trust and the beneficial ownership to the spouse. On the death of the spouse ownership passes to the children, but for IHT purposes the trust assets form part of her estate.

What we need now is the exact wording (with names redacted) of the clause or clauses in your father’s will that deal with the house.

Alphatauri

I assume you have provided your Mum’s death certificate and a copy of your father’s will and probate. If so phone Land Registry and ask them what else they need. Alternatively Land Registry post on here and maybe able to help @Land_Registry

Land_Registry

Alphatauri said:

I assume you have provided your Mum’s death certificate and a copy of your father’s will and probate. If so phone Land Registry and ask them what else they need. Alternatively Land Registry post on here and maybe able to help @Land_Registry

It reads as if we’ve already explained what’s required both by letter and phone. 

In general terms if a sole owner dies then the property forms part of their estate. Probate (recorded will) or letters of administration (no recorded will) required to deal with that estate 
A death certificate plus will aren’t sufficient, hence the need for probate/letters of administration 
The key here seems to be the ‘limited’ grant and then no will for your late Mother but what’s actually been said in the letter of cancellation? What’s the title number? 

Kasim1991

im trying to upload a cancellation email but it will not upload. if I click all files in download and click open, it will not let me upload. It will load in customized files but cannot see the files in the download folder then.
Any ideas how I can upload??