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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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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: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 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