Is probate required?

cherry76

Mirror life interest will. Father died. Mum is getting her affairs in order. Adding my name and my brother the title deed as trustees.

Does she need to update her life interest will? Now her husband died? Trust has been registered.

Can anybody confirm that, because her two children will be the surviving registered proprietors and trustees, they can sell the property after her death without obtaining a Grant of Probate, notwithstanding her 50% beneficial interest and the Form A restriction.” Her other assets will be beyond probate threshold.

Getting conflicting info whether probate is required to sell the house.

Thanks

Keep_pedalling

No need to update the will just because of the life interest clause as that will simply fail, although their may be other reasons to do so. You will need probate for your mother’s estate.

RAS

You'll need probate if she still owns the house, or other assets that require it (often NS&I). The executors can sell the house directly from the estate.