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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12104
Experience:  I have been practising for 30 years.
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My mother and I have joint ownership of our house (vAlue

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My mother and I have joint ownership of our house (vAlue about £75,000). She has died with no bank accounts or anything of value apart from her funeral fund.
In her will everything is left to me. My brother is executor. Will he have to go to probate?

Hello for clarification - is the house going to be sold?

Customer: replied 10 months ago.
No as I live in it.

If the title to the property is Joint Tenants and one co-owner dies, it passes automatically to the survivor with no need for probate.

If it is Tenants in Common probate should be required although I have known the land registry (wrongly in my opinion) transfer the property is to a co-owner who has been left abruptly under the terms of a will, without probate.

If you look at the land Registry title deeds, section B, the Proprietorship Register you are looking restriction, “no disposition by a sole proprietor et cetera et cetera”

if that restriction is in you will need grant of probate in all probability unless the land registry agree to deal without.

If that restriction is NOT in, and its joint tenants and it passes to you automatically. All you would need to do is send in the death certificate and land registry form AP1 and they will amend the title deeds for you.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


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