How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

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: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

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

Customer: replied 1 year ago.
If that is the case, what was the point of a will in the first place ?
Expert:  JGM replied 1 year 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.