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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife passed away recently, she left a will leaving her

Resolved Question:

My wife passed away recently, she left a will leaving her share of our house to me (we were tenants in common). She had no bank accounts of her own, just 2 joint accounts with me containing £3000 in one and £1000 in the other. She has no other assets or debts. Do I need to go to probate? I am executor of the will.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

May I ask why you held the property as Tenants in Common?

Customer: replied 10 months ago.
My wife had vascular dementia so we were advised to take this action.
Customer: replied 10 months ago.
I also had power of attorney for health and finance.
Expert:  Clare replied 10 months ago.

Ah I see.

Sadly the down side of doing it is that yes I am afraid that you will need to obtain Probate in Order to Transfer the property into your sole name.

You should be able to deal with this on your own - if you ocntact the local Probate office they will make an appointment for you

Please ask if you need further details

Customer: replied 10 months ago.
OK, I was given some different advice about this recently and wanted to clear it up. I will probably engage the will solicitor to sort it out. Thank you.
Expert:  Clare replied 10 months ago.

Had you still held the property as Beneficial Joint Tenants you would not have needed probate

Customer: replied 10 months ago.
we only made the change 12 months ago to protect half the property if she went in care. Her passing was a sad development but it saved her from the awful future that dementia had in store for her, I have that comfort. Thank you for clearing this question up, it was nagging at me. Regards Harold
Expert:  Clare replied 10 months ago.

You are most welcome - and I am sorry for you loss - knowing that it is a blessing for her in no way diminishes your loss

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