No probate for dad or should I?

cherry76

Dad died recently, he left 50% of his share of the house in a will trust for mum. Mum, myself and brother as trustees and beneficiaries. There was no need for probate as the banks released his savings on proof of death certificate for his sole account. I have settled and closed all his accounts.  I am looking for some advice can his nil band rate claimed by mum on her passing. I just want to know whether in order for mum (when she passed) to be able to claim his nil band rate probate must be obtained first for dad. If that is the case I might apply for probate now or may be it will be better to wait when mum died and then do both at the same time. We intend to do nothing with the house deed until mum passed. Am aware of the trust registration and will certainly get a step solicitor to deal with the legal aspects. Thanks

Keep_pedalling

Assuming we are talking about an immediate post death interest trust, then it is covered by spousal exemption, so there is no need to apply for probate either now or on your mother’s death. 

These are very simple trusts so you should be able to register it yourself without professional help.