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Probate

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?

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 21,340 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    That is correct probate is not required in this case.
  • mills112
    mills112 Posts: 22 Forumite
    10 Posts Name Dropper
    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
    RAS Posts: 35,975 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No need to change the deeds. 

    Did they own the house as tenants in common or as joint tenants?
    If you've have not made a mistake, you've made nothing
  • mills112
    mills112 Posts: 22 Forumite
    10 Posts Name Dropper
    RAS said:
    No need to change the deeds. 

    Did they own the house as tenants in common or as joint tenants?
    joint tenants
  • bongo73
    bongo73 Posts: 22 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    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
    mills112 Posts: 22 Forumite
    10 Posts Name Dropper
    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
    Land_Registry Posts: 6,191 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    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
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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