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Joshua, Lawyer
Category: Law
Satisfied Customers: 31678
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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When my nan dies she left the house to my mum and my uncle

Customer Question

When my nan dies she left the house to my mum and my uncle (mum's brother). Now my uncle has died and left the other half to mum. Does she need to get probate to sell the house? We know she will need it to close his bank accounts.
JA: Where are they? It matters because laws vary by location.
Customer: Nottingham, England
JA: What steps have they taken so far?
Customer: None, other than she has the will and the house deeds (it's not registered with Land registry). She has spoken with an estate agent but has not yet instructed.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 14 days ago.

I am very sorry to read of the above then please accept my sincere condolences for your loss.

Do you know if your mother and uncle owned the property as joint tenants or tenants in common please? If you are not sure, do you have access to a copy of the title entries for the property?

Customer: replied 14 days ago.
I think the deeds are still in my nan's name and my uncle (who was living with her at the time) just continued living there. Her will states that the house is to go to both my mum and my uncle equally.
Expert:  Joshua replied 14 days ago.

  1. thank you. So from what you understand, the property was never transferred into your mother's name with your uncles?
  2. did your uncle leave a will leaving his share of the property to your mother?

Customer: replied 14 days ago.
1. That's correct the house wasn't transferred into anyone else's name.
2. We have my uncle's will which does leave everything to my mum
Expert:  Joshua replied 14 days ago.

thank you. On that basis, it would unfortunately be necessary to obtain a grant of probate for both your grandmother's estate and also your uncle's estate in order to evidence the devolution of title from your grand mother and subsequently from your uncle to your mother which would be required by the land registry to register the property into your mother's name.

Depending upon the circumstances, it may be possible to avoid the need to obtain probate in your uncle's estate but if it is possible, it is a relatively technical process which will require the involvement of a solicitor though it is likely you wish to involve a solicitor in any event in respect of the conveyancing work.

it is privately possible to obtain probate yourselves without the assistance of a solicitor but equally, you may prefer to appoint one to carry out the work for you. The decision is essentially one of cost and benefit:

Customer: replied 14 days ago.
I had a suspicion that would be the case. Thanks for your help!
Expert:  Joshua replied 14 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 14 days ago.
Sure. I'm going to double check I've got my facts straight and if necessary I will come back to you.
Expert:  Joshua replied 14 days ago.

I'm glad the above was of some assistance

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.