How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10428
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

My question is about probate.My wife's mother, Josie died

Customer Question

My question is about probate.
My wife’s mother, Josie died on Jan 24th 2015. My wife, Maureen is the sole executor of Josie’s Will. Josie had dementia and Maureen had a lasting power of Attorney. Josie had a 30% share in our house which has a value of approx. £380k. This share was covered by a deed of trust deed dated 26 June 2013. The full ownership of our property as lodged with the Land registry is 50% , 30% Josie and 20% Maureen. Josie has c. £30,000 in her bank accounts and no other assets. Maureen has full access to Josie’s bank accounts. Josie’s death has been registered and her Death Certificate has been issued by the Registrar and she has copies in her possession. As sole beneficiary of Josie’s Will – Maureen intends to transfer Josie’s bank balance to her own account and to inform the land registry that Josie’s 30% share of the property will be transferred to her.
Does Maureen require a Grant of Representation in order to execute Josie’s Will and to transfer assets and make the changes at the Land Registry, or can she proceed without probate?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Probate will be required to deal with the Bank accounts, I'm afraid. The LPA your Wife had does of course cease to have any effect now, and most Banks will require sight of Probate where there is over £5-10,000 sitting there.

As regards ***** ***** the "legal title" of the property passes to the 2 of you now, subject to Josie's "equitable" share of 30%. All you need to do in this regard therefore, is to forward a certified copy of the death certificate to the Land Registry, and they will remove Josie's name from the title.

I hope this clarifies the position to you, but please let me know if you require any further help.

Kind Regards


What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice