Probate

mills112

My MIL died recently.  My FIL is the sole beneficiary in her will.  He also had LPA for her for both health and finance.

They had owned a property jointly and as her savings were less than 50k, Lloyds bank have confirmed that they are happy to transfer the money from her Lloyds account into his on her death when the death certificate is available.

He will be looking to move nearer to us so he will be selling his house in the near future.

I have searched on google and the answer is that in his circumstance, there is no need to go through probate.

I just want to check that this is correct?

Keep_pedalling

That is correct probate is not required in this case.

mills112

Keep_pedalling said:

That is correct probate is not required in this case.

thanks.  do you happen to know if it will be ok for him to sell the house without having to remove her name on the property deed with the land registry first? that it could be done in one process of selling?

RAS

No need to change the deeds. 

Did they own the house as tenants in common or as joint tenants?

mills112

RAS said:

No need to change the deeds. 

Did they own the house as tenants in common or as joint tenants?

joint tenants

bongo73

Yes you are correct, no probate needed. 
The land registry will need to be updated for the property to go just into his name, this will then be easier for when he passes for it to be left to whoever is named in his will or next of kin. 
We forgot to update the land registry when our FIL passed away and when MIL went to sell her house to go into a care home he was still on the deeds, we had to send a copy of the death certificate over to them to put it just into MIL name.

mills112

bongo73 said:

Yes you are correct, no probate needed. 
The land registry will need to be updated for the property to go just into his name, this will then be easier for when he passes for it to be left to whoever is named in his will or next of kin. 
We forgot to update the land registry when our FIL passed away and when MIL went to sell her house to go into a care home he was still on the deeds, we had to send a copy of the death certificate over to them to put it just into MIL name.

he is going to sell his house soon and move closer to us.  someone said earlier that we don't need to remove her name from the deed as that can be done during the sale process.

Land_Registry

mills112 said:

bongo73 said:

Yes you are correct, no probate needed. 
The land registry will need to be updated for the property to go just into his name, this will then be easier for when he passes for it to be left to whoever is named in his will or next of kin. 
We forgot to update the land registry when our FIL passed away and when MIL went to sell her house to go into a care home he was still on the deeds, we had to send a copy of the death certificate over to them to put it just into MIL name.

he is going to sell his house soon and move closer to us.  someone said earlier that we don't need to remove her name from the deed as that can be done during the sale process.

That's correct - a buyer will rely on the official copy of the register we provide and which shows both names. You then supply them with a certified copy of the death certificate to clarify why only one of the joint owners is selling.
RAS asked the Q re JTs or TIC as if the latter, and a form A restriction was on the register, then that means 'more' is needed. But as they were JTs all is as originally shared