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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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I live in England. My father recently died who was paying

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I live in England. My father recently died who was paying the mortgage through his account. But my brother and me were also on the inititial deeds of the house 20 years ago, and have lived in the house for that time mainly paying all the bills through my Dads account. Can we therefore take over and continue paying the mortgage which we are quite capable of doing. When I sent the Mortgage Lender the Death Certificate, The Will and a copy of the Deeds, they said they require probate. Is this true? Or as the Next Deed holders are we entitled to just continue paying the mortgage through my account?
Good afternoon Thank you for your message. I will do my best to help and to start, I do require some further information.In your father's Will, who has he left his share of the property to? Does your father have a spouse? Krystel
Customer: replied 2 years ago.
My mother died 21 years ago. The will includes three sons. Me and my brother who live in the house and a third who lives away.
Thanks for that. Firstly, probate is typically recommended where an estate value is above £5,000. You do not need probate (so long as the Will is not contested) to make changes to the title deeds of the property to reflect you and your brothers as owners. Any conveyancing Solicitor can do that with the death certificate and copy of the Will.As it stands without the changes to the title deeds of the property, your father's estate (personal representative), you and your brother are liable for the mortgage. However, the lender has been made aware that there is another joint owner (your brother who lives away) therefore they may be concerned that a dispute may arise from this. The lender would want to be able to start enforcement proceedings on all the owners of the property in the event all of you default on the mortgage payments. They have asked for probate to just simply have it clear on their records who the owners are and who is liable for the mortgage.By all means you can continue paying as you have been until the end of the mortgage term (or up until renewal) and if you do not default on any payments I do not anticipate any problems. The mortgage lender just wants to ensure the mortgage is getting paid for. You have to remember all 3 of you own the property so you all have equal responsibility and liability so if a dispute arises, redress may be difficult to achieve not having everything clearly defined in respect of ownership. This may not be the case in your scenario because your brother that lives away consents to what you and your brother are doing but sometimes not everything turns out as we envisage it to be. Just a thought. I hope that makes sense. Please let me know if you need anything further clarified. Kind regards Krystel
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That you for the rating. Just an extra point I wanted to make, it may be some Solicitor have a policy whereby Probate needs to be applied for (irrespective of the value of the estate) before they can change the names on the title deeds. Some are more stricter than others. Kind regards Krystel