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Living in fathers house after his death

Hi all
I am looking for advice whether i need probate
My father passed in May and left a will
My sister and myself were executors and beneficiaries
The small amount of money he had in the bank was released by them and proceeds shared between myself and sister.
Regarding his house,  i have lived there  also for 55 years and in his will my father stated that the house will be left in trust to both myself and sister but cannot be sold while it is my place of residence.  We are both fine with that.  
Do we still need probate for this?    or just Change the deeds ? ( and to whom)

Comments

  • MeteredOut
    MeteredOut Posts: 3,594 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 30 October at 11:47AM
    "house will be left in trust to both myself and sister" (my bolding)

    Has it been left in a trust, or is doing that a condition of the will?
  • Keep_pedalling
    Keep_pedalling Posts: 21,752 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    The only time probate is not required is where the property is left to a joint owner but in this case is seems your mother’s will left her share of legal ownership in trust and your father’s will left the other half in trust, but beneficial ownership is now yours and the whole of the house now forms part of your estate for IHT purposes, but the eventual beneficiaries (remaindermen) will inherit from your parents wills.

    In order to ammend the land registry records you will need probate for your father’s estate and the trust needs to be registered with HMRC which should have happened within 2 years of your mother’s death

    Do you have access to your parent’s wills at the moment? It would be useful if you could post the exact wording (redacting personal details) of the clauses associated with the trust and the home so we can establish the exact type of trust created and what your next steps should be. 
  • Keep_pedalling
    Keep_pedalling Posts: 21,752 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    One more question, what is the value of the property? 
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