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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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My Mum has sadly just died. She has a will which splits all

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My Mum has sadly just died. She has a will which splits all her assets equally between my sister and I and we are both happy with that. She has savings of approx £3.5k only. She has a (mortgage free) house valued recently at £200k. We are very confused about probate requirements - we thought that we could provide a copy of the will and certificates to the Land Registry to change the ownership of the house. Can it be that easy please? Thanks very much, Valerie

Hi,

 

Thanks for your question..

 

I'm afraid that where there is a property involved in the administration of a deceased's estate it is required that a grant of probate is taken out by the executors of the estate. This is required because the Land Registry transfer document required the signatures of the executors in order for them to register the transfer. The LR will not require site of the Will.

 

The executors named in the Will must therefore make an application for a grant of probate, once this has been obtained the property can be transferred in accordance with the Will.

 

The governments HMCS/Justice website contains lots of information for laypersons on how to take out a grant, but you may choose to instruct a solicitor to ensure that the procedural formalities are met. It may also be quicker and most estates are carried out by a probate solicitor or practitioner. Here is the link to the Applications page on the aforementioned website:-

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/probate/applications.htm

 

You can find probate solicitors in your area using the following site:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Select "Wills & Probate"

 

Sorry it could not be better news.

 

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Kind regards,


Tom

 

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