Probate

oldchaders

If a house is registered in a daughter’s and mother’s name. If the married daughter dies, does the mother inherit the property or does the husband inherit. Any advice would be appreciated.

elsien

How is it registered, joint tenants or tenants in common and did the daughter leave a will? 

Mother would inherit if they are joint tenants. If tenants in common then whoever she’s left it to in her will. If she dies intestate it would form part of her estate and would follow the interstate rules. So her husband in the first instance. 

oldchaders

It has been difficult to establish whether the property is held as joint tenants or tenants in common. Will it be necessary to see a solicitor, the registry of title doesn’t appear to show this information.

elsien

Is there a form A restriction on there ? 

oldchaders

The land registry has this under Proprietorship Register-

25.01.2011) RESTRICTION: No disposition of the registered estate by

       the proprietor of the registered estate is to be registered without a

       written consent signed by the proprietor for the time being of the

       Charge dated 14 January 2011 in favour of Leeds Building Society

       referred to in the Charges Register.

peb

If that's the only restriction then there's no form A (sole proprietor restriction) and the property is held as joint tenants.    Mother inherits 

peb

If daughter still living and wants husband to inherit needs to serve notice of severance and make a will

Northern_Wanderer

Is this in Scotland or England?

Maldwyn.L

Is it always necessary to apply for Probate???

Willeri

Sounds like no Firm A restriction and held as JT do other owner of mother would inherit by survivorship. DJP form and death certificate to LR to remove deceased name. Not always need to get Probate for property as dependant on situation. Daughter could sever tenancy to TIC and make Will leaving share to her husband if she wanted to, if died then mum and son in law own property together, recipe for issues 

Keep_pedalling

Maldwyn.L said:

Is it always necessary to apply for Probate???

No it’s not, and it is certainly not needed where jointly owned property goes to the surviving owner through survivorship (JT) intestacy or through a will.