Assent of property

kaffers

Father sole name on deeds leaves everything to mother
Mother starts Probate but dies 5 months after father but before probate granted
Father's will contains 30 day survivorship clause for his beneficiary 
Does mother inherit house as asset as survived the 30 days  or do we need to assent house from father's executor to the mother's executor?

House not registered with land registry 

DE_612183

Property passes to Mother and is then subject to her will.

loubel

If Mother was sole executor, trustee and beneficiary, her executors will need to apply to administer both estates. She still inherits the house 

Keep_pedalling

I guess this was a rather old will, because with spousal exemption and the transferable NRBs, a survivorship clause for a married couple can lead to an unfortunate unnecessary IHT liability on the first death. Had you mother died within the 30 days and your father’s assets were over £500k then IHT would be due on his estate. Without such a clause then no ‘iHT would be due on his estate IHT would only be due on mother’s estate if it exceeded £1M.