Retrospective Probate

[gillybean]

Thought I was on the final stretch today as I went to hand over the deeds for an assent in title to me and to apply for first registry of the property.

Imagine how I felt to be told that although I had gone through probate for my recent Mum's death I now have to do it all over again for my Dad who passed away in 2010.
Apparently the house deeds are only in my fathers name and were never in my Mums so I need to go to probate again so I can finalise this.

At the time I was told probate wasn't needed, I think it was assumed the deeds were in both their names hence it passed to Mum and their joint savings did not warrant probate to release funds to Mum.

I think the solicitor was hoping I'd use their probate service but I said I would attempt to do it myself as I had just gone through it and found it OK.

So off I go again, trouble is I will have to approach banks etc to get the details (which won't be free no doubt) and would I be able to use right move for a valuation of the house, possibly £150K so well under the £325K or thereabouts at that time.

 

[gillybean]

Is there anything I should be mindful of in completing the probate?

 

[nitram]

Nothing really, the forms and guidance are fairly simple.
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=735

The Probate Registry is very helpful with queries
https://courttribunalfinder.service.gov.uk/search/postcode?aol=Probate

Don't staple anything to the will.

Make sure when using the web to download or fill in anything you are looking at gov.uk and not something else like probatedepartment.

 

[nitram]

"...would I be able to use right move for a valuation of the house, possibly £150K so well under the £325K or thereabouts at that time..."

If your Dad left everything to your Mum, the historic value of the property doesn't really matter, your Mum will have an IHT limit of £650k, just have a good guess.

 

[gillybean]

"...would I be able to use right move for a valuation of the house, possibly £150K so well under the £325K or thereabouts at that time..."

If your Dad left everything to your Mum, the historic value of the property doesn't really matter, your Mum will have an IHT limit of £650k, just have a good guess.

He left the house in his will....but it wasn't registered at Land registry so I'm told the will is unimportant as it wasn't registered at the time of his death as it should have been

 

[nitram]

"He left the house in his will....but it wasn't registered at Land registry so I'm told the will is unimportant as it wasn't registered at the time of his death as it should have been"

Compulsory registration for new build and on transfer was introduced sometime in the early sixties so maybe it should have been registered when transferred to your Mum at the time of his death.

You have to apply for probate for your Dad's estate to prove that the house was your Mum's at the time of her death so that whoever is acting for you can do the assent.

If doing anything yourself try contacting the relevant government department they are usually very helpful.

 

[jugglingmum]

The house would have needed to be registered to be transferred to your mum's name.

My dad died in 94 and I remember my mum telling me that the house had to be registered before it could be transferred to her name on his death.

 

[nitram]

You need probate to prove you inherited the unregistered house then the registration and assent can go ahead.

 

[sue38]

He left the house in his will....but it wasn't registered at Land registry so I'm told the will is unimportant as it wasn't registered at the time of his death as it should have been

I'm not sure who told you the will was unimportant .

If the property was in dad's sole name and left to mum then yes probate should have been applied for and the property assented (transferred) to mum which in 2010 would have triggered first registration at the Land Registry. So, that didn't happen for whatever reason, and you're back to the will.

Can I ask who are the executors in the will? Was it just your mum, your mum and you, or your mum in the first place with you as a substitute?

 

[gillybean]

I'm not sure who told you the will was unimportant .

If the property was in dad's sole name and left to mum then yes probate should have been applied for and the property assented (transferred) to mum which in 2010 would have triggered first registration at the Land Registry. So, that didn't happen for whatever reason, and you're back to the will.

Can I ask who are the executors in the will? Was it just your mum, your mum and you, or your mum in the first place with you as a substitute?

It was assumed (wrongly) that the house was in both their names at the registry, hence no need for probate then, Executors for Dad were Mum and me however now of course it's just me.

Slight problem, they had joint accounts and Dad a a little in some Halifax accounts which were transferred, I think I have the Mum's passbooks which will show what that transfer was at time of death but the joint account I am not sure, (I remember closing it as HSBC were very unhelpful at the time) so the Halifax told me because it was 5 years ago it would take them a few weeks to get the information which I found surprising.

 

[gillybean]

Also, I just had a thought, the information I submitted to probate for Mum is wrong, i.e. she didn't officially own the house according to Land Registry so the question is what should I do about this if anything, as she would have been assessed as owing a house when she didn't as the house was as is now 'in limbo'!
Should I re-apply? Get in touch with the courts?

 

[sue38]

Unless you paid inheritance tax on your mum's estate and want to claim a refund, there's no reason to get in touch with the court.

 

[gillybean]

Unless you paid inheritance tax on your mum's estate and want to claim a refund, there's no reason to get in touch with the court.

Thanks Sue, one less thing to worry about, thought I might have to re-apply again.

One thing that is bothering me is that when it all goes probate the DWP will automatically look at the estate and ask me for a breakdown which might not correspond with their records of savings depending upon the time of the assessment that was done. The thought of having to go back to the finance institutions to get the info fills me with dread!