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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I live in England and my Father recently died. He was paying

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I live in England and my Father recently died. He was paying the mortgage to the house through his account.. However me and my brother were also on the initial House deeds over 20 years ago and we have also lived in the house basically paying all the bills through my Dad's account for all that time. Therefore as the next Deed holders, are we entitled to just take over and carry on paying the mortgage which we are quite capable of doing. I did send the Death certificate, Will and a copy of the Deeds to the mortgage lender, but they said we required probate. Is this true, when we were also signed Deed holders when the mortgage was taken out.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Wayne, when yourself, your father and your brother took out this mortgage, you were tenants in common in relation to the property and not joint tenants. This means that the right of survivorship, or the process whereby one owner takes the property automatically upon the death of another did not apply. This means that your father's one third share does not automatically pass to yourself and your brother upon his death. Instead, probate is necessary in order to transfer his interest in the house to his beneficiaries, whether under a will or under the rules applying to intestacy, if there was no will. This is why the bank has stated that probate is necessary. You need to undergo probate in order that your father's one third share gets passed to yourself and your brother as this did not happen automatically upon his death. It makes no difference that you were signed deed holders when the mortgage was taken out.
Expert:  Buachaill replied 1 year ago.
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