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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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My wife and I had mirrored wills that gives the surviving

Customer Question

My wife and I had mirrored wills that gives the surviving spouse the right to stay in our jointly owned house for the rest of our lives, et is being suggested that it needs to go to probate,is this correct.
Submitted: 3 months ago.
Category: Law
Expert:  JGM replied 3 months ago.

Yes, any will involving a house has to go to probate.

Customer: replied 3 months ago.
If that is the case, what was the point of a will in the first place ?
Expert:  JGM replied 3 months ago.

The will directs the executors what to do with the estate. Probate is the procedure whereby the law gives effect to the various property transactions required to enable the executors to carry out the transactions required to give effect to he will. In other words a will isn't a title deed. Probate enables the executors to grant a title. If there was no will then there would be no executors and no ability to say what was to happen to the property.

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