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: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I am sole beneficiary of my late Father's will and sole executor,

Resolved Question:

I am sole beneficiary of my late Father's will and sole executor, I am also joint owner of his house and also joint holder of the small mortgage on the property. No other asset is of value above £5000. Do I need a grant of probate?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

Could you confirm if you hold the property as Joint tenants or Tenants in common?

Thanks

Al

Customer: replied 2 years ago.

Jointly owned on the deeds registered with Land registry as held by the Building Soc. There was no Joint Tenancy agreement set up on purchase.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for reply.

Joint tenants means the property passes automatically, through survivorship, to the surviving owner (and hence means the deceased's half share does NOT form part of the deceased's Estate).

Tenants in common means you both own a separate 50% share each, which 50% passes in accordance with each owner's respective Wills, and DOES form part of each owner's Estate.

Therefore, if you do hold the Property as Joint tenants, you will not require Probate, as your Father's half share in the house is not included in his Estate. I am guessing that you do indeed hold it in thi smanner, but you would need to check. This can be done by asking a local Solicitor to look at your Deeds, or if you have a copy of the Deeds to hand, you can see which way you are holding the property- basically, if there is a Restriction in the Proprietorship Register stating "No disposition by a sole owner...without an Order of the Court, then it means you were holding as Tenants in common. If there is no Restriction, it means you were holding it as Joint tenants.

If you hold it as Tenants in common, then strictly speaking, you will need Probate, but if the other Banks etc have already confirmed to you that they do not require sight of the Probate, then you can get away without obtaining Probate, but your Solicitor will need to apply to the Land Registry to remove the above mentioned Restriction.

I hope this assists and answers your question.

Kind Regards

Al

Customer: replied 2 years ago.

Ok - I have checked the deeds and there is such a clause:

"Restriction: No disposition by a sole proprietor of the land (not being a trust corporation) under which the capital money arises is to be registered except under a court order of the registrar or of the court" ... so I guess that is exactly what you refer to, making it tenants in common.

I have advised the building soc and am waiting for them to get back to me, but they have said that they will arrange for the adjustment with the land registry which would imply that they don't need to see a grant of probate.

I will wait for their response and take it from there

.

Many thanks

Cheryl

Expert:  Aston Lawyer replied 2 years ago.

Hi Cheryl,

Thanks for your reply.

You are correct- he do hold the property as Tenants in common.

If I have assisted, I would be grateful if you could leave positive feedback.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you