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yes at time of death property in joint names and there was also a joint bank account where half monies have been frozen ie suvivor cannot access without probate letter/authory. does this also need to be reported to probate first. death was end Feb 2012
decree absolute was approx 12months max
The property was signed over 2 days after the cremation, bullied by stepdaughter and sister in law, survivor signed over the holiday property (in Isle of Wight) to the two children (adults) as they said it was their mother's wishes...the survivor did not know his legal inheritancy rights and signed over the property asking that the £13k in an HSBC Egyptian bank that was frozen on the co-accountholder's death - monies of which was in fact the survivor's savings. There should have been dry up s deed of family agreement as it was a death intestacy - the agreement has not been fufilled by the other parties and there was a conflict of interest I feel as the survivor was not given his best/legal interest by law.
property now in names of daughter and son of deceased.
He was in no fit mental state and as far as he was concerned he had to and was bullied into it but again they guaranteed him £13k monies from his joint account.
There was a house in Isle of Wight with joint beneficial tenancy which was still in existence on death but after the divorce and also a joint accountin HSBC Egypt (half of which has now been frozen which the divorcee has been denied access to).
house in Sidcup - in survivor's name. Doesn't it state that if a house is in joint beneficial ownership there is an automatic inheritancy to the surviving party(s) irrespective of any Will or not, as the case may be?
the deceased had half ownership in a Spanish property worth circa 30k euros...nothing else
Isle of Wight £130k
Spanish property Euro 60k
Only interested in getting the £13k from HSBC account in exchange for signing over the whole of his beneficial rights to the children. Need a probate order for children to sign in order to access money and we need the solicitor acting at the time to deal with this ie complete the transaction (deed of familty arrangement). He would have been entitled to keep the property through inheritance as joint beneficial owners!
We are now trying to get a letter of administration as the original solicitor has only acted for the daughter to get the property (Isle of Wight/no mortgage) of her mother (deceased) signed over entirely to her and the son in their sole names.
I fear this is costing a lot of money - I have paid £47 I really don't want to pay any more - I have now managed to contact Legal Ombudsman and SRA and Probate for forms.