it is not assetless if there is a property and a bank account
When his wife dies, someone will probably end up doing two probates - one for your father-in-law and one for his wife.
Far better off to get one over with now - if the only asset is the house, then probate may be long, but not tedious as it will be fairly straightforward.
It could be left till later, but that will complicate things down the line and hold up the 2nd probate
But "as joint tenants" is almost always the case for a married couple, right?As for the joint property, you will have to establish how it was held by looking at the title deeds. If held “as joint tenants”, it does not pass under the will and vests entirely in the surviving joint tenant automatically without the need for probate.
However, if it is held jointly “as tenants in common”, it passes under the will and probate is required to transmit the half share of the house under the terms of the will.
Yes, but you won’t know for sure unless you check the deeds.But "as joint tenants" is almost always the case for a married couple, right?
"Tenants in common" is usually for friends or siblings purchasing together I think.
Ok. You’ll probably need to get legal advice so. I have it in my mind that where the deeds are silent, a presumption arises as to the nature of the tenancy, I just can’t remember which!On the page of the Title Deeds headed "Ownership" is written "Title Absolute" and the couple's two names are then written out, followed by the words "are full owners"
No mention of "joint tenants", alas.
Why?Just because it passes on survivorship, does not make probate unnecessary - simpler, yes but still necessary
That's a joint tenancy.On the page of the Title Deeds headed "Ownership" is written "Title Absolute" and the couple's two names are then written out, followed by the words "are full owners"
No it won't.transferring land title will be a thorn in your side in a few years
I would have thought that all that has to be done now is for the surviving tenant to lodge the deceased’s death certificate etc with the Land Registry to note the death on the title so that the whole property is in the surviving tenant’s name. That puts to bed any issues surrounding title, no?Ok, just wait and see what happens - transferring land title will be a thorn in your side in a few years
No need to do that either.I would have thought that all that has to be done now is for the surviving tenant to lodge the deceased’s death certificate etc with the Land Registry to note the death on the title so that the whole property is in the surviving tenant’s name
Again, worth looking into whether this forms part of the estate or go directly to a named beneficiary.Thanks for all of the advice, folks.
A small life assurance policy (worth ~ €1200) has now turned up, so it looks as though the family may have to go down the probate road in order to make a claim.
When my mother died moons ago, my father's life insurance company told him they couldn't pay out until probate was completed. I rang them pointing out that this was his policy on her and, as far as I could see anyway, nothing to do with probate. Then they sent a cheque.A small life assurance policy (worth ~ €1200) has now turned up, so it looks as though the family may have to go down the probate road in order to make a claim.
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