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Is probate.require


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Father died recently had left "mirror" will everything to go to mother do we need probate

No death duties. 

All.bank accounts in joint names.as.is house 

As far as I'm aware no sole.name accounts

 

Any advice.helpful

 

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I'm sorry to hear about your father, it's always tough to lose a parent.

 

I think there is a difference between an estate not owing inheritance tax on tranfers between spouses and having the right paperwork from the Probate Office.

 

Other people know more than I do, about how it works with mirror wills, but when my OH were dealing with different estates, we found these people very helpful. It's backed by a firm of lawyers, but we were never under pressure to become clients. You should be able to ask your questions of them. Useful website too.

 

WWW.BEREAVEMENTADVICE.ORG

We give practical information, advice and signposting on the many issues and procedures that face us after the death of someone close.

 

In one estate that my OH dealt with, in theory there was no need for probate because of the size of the estate, but Abbey National wouldn't agree to transferring the mortgage without probate.

 

HB

 

 

Illegitimi non carborundum

 

 

 

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1. Probate may well not be needed in respect of the house. This assumes that ownership is on what is called a 'joint tenancy'. A straightforward application to amend the title register will be needed. If it is not a 'joint tenancy' but a 'tenancy in common' the Land Registry will say so and Probate will be needed.

 

2. Bank accounts in joint names. Write to banks with original copies of death certificated (these should be returned). Banks will change account names.

 

I did all the above for my mother after my father died. It is fairly straightforward.

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Hi Sopwith,

 

If bank accounts are in joint names, transferring them to your mother's sole name should be straightforward.

 

Each bank concerned will probably need sight of an original Death Cert before the account names are changed.

 

You need to check with Land Registry on how the joint property was held. If it was owned by YP's as Joint Tenants, you can apply to Land Registry with the transfer application and Death Cert to have the ppty put into YM's name.

 

Check first by looking at the Land Register (£3.00 I think) to see how it's registered.

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