Solicitor is asking for probate to add trustees

cherry76

Just a quick recap, father died leaving an IPDI. Mum is getting old and might need to downsize or go in a care home. I have power of attorney. As sole owners, she will need to add a trustee to be able to sell.I talked to a solicitor and he said probate is needed, I did not need probate to settle his affairs. It seems I will only need probate to deal with the property. How do I go about adding my name to the trust. I am the executor, trustee and beneficiary with mum and brother. My brother will be a first time buyer and am aware of the disadvantages of adding his name as legal owners. Is it a conveyancer I need to see? I also know I will need to register the trust within two years. It’s has been onky 3 months since he passed. Thanks

Keep_pedalling

Was the property owned outright by your father or was it jointly owned?

cherry76

Dad will created an IPDI. Going to have a go at doing probate for mum. It has not been required but every solicitor I have approached to add name as trustees to house deed told me I need probate to do so. Got stuck on these two questions. Am a bit dim?

What was the value of tax free allowance the person who died inherited? Answer 0
What was the value of assets held in trust that they were able to benefit from. Answer 0.
Mum is still alive. I just want to make sure I understand the questions correctly.Thanks

Keep_pedalling

It would be better to stick to one thread on this. Can you answer the question I asked about ownership on that thread please.

cherry76

It’s tenants in common?It has to be for an IPDI. Thanks

Keep_pedalling

cherry76 said:

It’s tenants in common?It has to be for an IPDI. Thanks

My question was about whether your father was the sole owner or it was jointly owned. If it was the former then you need probate, but as it’s the latter then probate should not be required. 

cherry76

The house was jointly owned with my mother. as tenants in common. It’s just I want to check I have got the answer to these two questions right.Thanks

madbadrob

cherry76 said:

The house was jointly owned with my mother. as tenants in common. It’s just I want to check I have got the answer to these two questions right.Thanks

Then your mum owns 50% of the house and the estate of your father owns the other 50% The IPDI (i have to admit I am not so knowledgeable on these so please take the following with that caveat in mind) I believe as been created to allow your mum to stay there and to stop the estate selling the property.  This is basically saying the house as been put in trust.  I am assuming that no probate was granted for your fathers estate and that is what the solicitors are now asking for so that the person being granted the probate (should be your mother applying but you could do it as her LPA) can give authority to the solicitor on behalf of the estate to add a name to the trust that as previously not been there.  (gawd I sound like one of the civil servants no  Yes Prime Minister) 

As mum as not died you cant get probabte for her yet.  I personally would suggest you getting independent legal advice (CAB do offer this service free of charge) although I doubt the current solicitor is not correct

Rob