Probate Of Wills

[Biccylova]

Is it true that a property has to go to probate even if a up to date will is left?
I always thought that it was if someone dies intestate that happened.

[Old_Geezer]

https://en.wikipedia.org/wiki/Probate
This suggests all wills do. Not that I'm any expert.

[fiction-factory]

All wills above a certain nominal amount have to go through probate as far as I know

[Peter Pedant]

yes
even more true

the small exception is estates under £5000

[fiction-factory]

if it between deceased spouse and surviving spouse it should be fairly straightforward though

[Peter Pedant]

if you try to sell the property without probate then you will get into difficulties with the bit where the dead person has to sign documents ...

A solicitor would spot this pretty quickly

[Buenchico]

A will has no effect at all until it has been validated by a court (= 'probate registry'), giving the executors power to distribute the testator's estate. That's what probate is, so of course it's essential.

However I note that your question refers to 'a property' (rather than just 'property'), so I assume that a house is involved here. If a house is owned by a husband and wife (or, indeed, by any other two people) as 'joint tenants' then it's their 'legal partnership' which owns the whole house, rather than them each owning half of the property (as they would if they owned it as 'tenants in common'). In the event of the death of one of them, the other person (as the surviving member of the partnership) automatically owns the whole house, with no need for probate in respect of the transfer of its title. That applies whether there's a will or not.

[Biccylova]

Thank you all so much, you have helped no end as hubby and I are about to make a joint will and these things can be so confusing, we have help but needed to clarify.

[anniebird]

Hi Biccylova

There is no such thing as a joint will. Even if you and your hubby make wills which have the same bequests the survivor can change their will after the first death. I suggest you get some proper advise before you decide what you each put in your wills.

[Biccylova]

thanks anniebird, I did mean mirror wills, we are all sorted now.