Need for Probate for Tenants in common

toughtobeabug
toughtobeabug Posts: 25 Forumite
in Deaths, funerals & probate
HI,

I'm hoping someone might be able to clarify as my head is spinning from reading to much information.

Dad was ill so the solicitor changed Mum to tenants in common to protect her half of the house to avoid a charge on the asset to pay for his care.

He was self funding his care and died before social took over, all pensions money in bank accounts have passed over to mum, she wants to get organised so we don't have to much hassle when she passes.

I know i need to apply for probate but i'm confused as to the next step, is it just a matter of contacting land registry can this be done DIY or would we still need a solicitor? There is a will & no mortgage on the house. everything else has automatically passed to mum its just the house.

Many thanks

Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    Did you father leave a will? Who inherits his share of the house?
    Since there is a surviving owner you do not need probate to update the Land Reg title information.
    See here:

    https://help.landregistry.gov.uk/app/answers/detail/a_id/125
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    You don't need probate to take your dads name off.
  • Rich2808
    Rich2808 Posts: 1,332 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    edited 23 March 2019 at 7:03PM
    getmore4less wrote: »
    You don't need probate to take your dads name off.

    But if the purpose was to avoid future care fees then would the solicitor not have advised to leave the other half to a son or daughter via a trust - and thus change the will?

    OP - you can find the forms here you need at the links below.

    https://www.gov.uk/update-property-records-someone-dies

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/709446/DJP__2018-05-25_.doc

    PS I would suggest the OP's family gets a new solicitor - there is no way the house could have been required by the council to be used to pay for your dad's care fees if your mum (his spouse) lived in it. His savings etc yes - but not the house. Why on earth did the solicitor suggest that - and keep the will the same?
  • rq9292
    rq9292 Posts: 46 Forumite
    First Anniversary First Post
    If the OP wishes to change the will then they could potentially use a deed of variation to transfer their dad's 50% of the house and/or savings into their name rather than their mothers.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    rq9292 wrote: »
    If the OP wishes to change the will then they could potentially use a deed of variation to transfer their dad's 50% of the house and/or savings into their name rather than their mothers.

    The OP could not do that.
  • rq9292
    rq9292 Posts: 46 Forumite
    First Anniversary First Post
    getmore4less wrote: »
    The OP could not do that.

    I'm curious why they could not draw up a DoV for their mother to sign? I have done it myself where they are tenants in common and have joint bank accounts.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    rq9292 wrote: »
    I'm curious why they could not draw up a DoV for their mother to sign? I have done it myself where they are tenants in common and have joint bank accounts.
    Providing the beneficiary who will be worse off signs the DOV and it is within 2yrs of death that's fine.
    The OP has not said who inherits the father's 50% share of the house.
  • toughtobeabug
    toughtobeabug Posts: 25 Forumite
    Thank you for everyone for the replies, I don't trust mum's solicitor for information even she said we would have to do probate and could do DIY.

    I've just phoned land registry and hopefully its just a matter of filling out a "DJP" form and sending off death certificate to remove Dad's name so the house is just in mum's Name.

    its probably all very simple but whilst grieving everything just seems that little more complicated.
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