CGT - house to be left to me and nephews, also, house in limbo..

p00hsticks

snickpan said:

I shall read the replies again, see what the votes are, for and against probate!

Without a will (and assuming England & Wales), it'll be Grant of Administration rather than probate, but you'll definitely need it in order to have the authority to sell the house.  

p00hsticks

As the nephews are both adults, I'm pretty sure that legally you won't be able to get around having to hand them their share of the inheritance directly - your best hope would be to get them to agree to at least some of it being  locked away somewhere where they can't easily get at it all straightaway - but it would have to come from them, you or their dad can't insist on it. 

snickpan

p00hsticks said:

As the nephews are both adults, I'm pretty sure that legally you won't be able to get around having to hand them their share of the inheritance directly - your best hope would be to get them to agree to at least some of it being  locked away somewhere where they can't easily get at it all straightaway - but it would have to come from them, you or their dad can't insist on it. 

yeah, we've had that chat with them

Keep_pedalling

snickpan said:

thanks everyone!
House was in dad's name (that's how mortgages worked in the 60s!), mum got probate in July.  Dad had a will, everything to go to mum.  Mum died without a will - or not one that I've found so far!
Loving all the tips and contradictions, bungalow is probably worth £375k, the nephews are early 20s, one daft with money, one not so much 
I shall read the replies again, see what the votes are, for and against probate!

There is no for or against vote you need letters of administration. For practical purposes it’s almost the same process as probate. 

snickpan

I've been granted probate now, so what should my next move be with the parents house - do I ask Land registry to put it in my name, or I can put it on the market as I have probate?  Could I just leave any of the admin to my conveyancer?
To re-cap, house was in dads name, his will left it to mum, mum filled in the wrong form for Land Registry then died herself

Keep_pedalling

It is pointless putting it in your name you conveyancing solicitor can sort out the transfer to the eventual new owners.

snickpan

Keep_pedalling said:

It is pointless putting it in your name you conveyancing solicitor can sort out the transfer to the eventual new owners.

sounds about right, thank you so much 

Flugelhorn

snickpan said:

Keep_pedalling said:

It is pointless putting it in your name you conveyancing solicitor can sort out the transfer to the eventual new owners.

sounds about right, thank you so much 

I did this when selling  - gave conveyancing solicitor  mother's probate &  father's death cert - she described the process as a few extra key strokes and my name never appeared on the property title 

snickpan

Flugelhorn said:

snickpan said:

Keep_pedalling said:

It is pointless putting it in your name you conveyancing solicitor can sort out the transfer to the eventual new owners.

sounds about right, thank you so much 

I did this when selling  - gave conveyancing solicitor  mother's probate &  father's death cert - she described the process as a few extra key strokes and my name never appeared on the property title 

most reassuring, thank you 

snickpan

problem with the sale process!  
Dad died, mum got probate.  Mum died - I got probate.  I don't have probate for Dad, house still in his name,
Solicitor says  "I note that Mum has since passed away whilst still dealing with Dad's estate and that you have obtained a Grant of Letters of Administration to deal with the estate of Mum. However, having a Grant of Letters of Administration for Mum does not give you authority to act for Dad.  I have spoken with my Probate Department and in order to sell the property, you would need to apply for a Grant De Bonis Non."

£2000.  Does that sound right?  Their probate team suggested it's a difficult process...