Probate

[nick1962]

My mother in laws husband recently passed away, The title deeds of the property are in my mother in Laws name, however in the will the husband stated my mother in law can stay in the house in the event of her death the house will go to his sons. If the deeds are in my mother in laws name surely she can re-assign the deeds to someone else

[MustafaTickl]

Deeds have been done away with for a long time now. The only thing which counts now is who is Registered at the Land Registry as the proprietor. To check this go to http://www.landregisteronline.gov.uk/lro/servl et/TitleSearchServlet?searchType=advanced
and follow the instructions. To check the name you only need look at the Register. If only her name is there than it is hers and she can do what she likes with it.

[dzug]

If the house is actually owned solely by your mother then she can do as she wishes with it.

The husband had no power to make any statement in his will about it if it was not his, so that clause in his will is invalid..

[Nether Edge]

Title deeds are still important, despite Mustafa Tickl! This is particularly so if property is leasehold or not yet registered or both.
Consult a solicitor who will prepare an Assent (transferring legal ownership) and possibly a Trust Deed reflecting the terms of the Will.

[Nether Edge]

..and were the two owners holding as beneficial joint tenants or beneficial tenants in common?
If former, m-in-law's ownership may already cover Trust Deed points.
If latter, Assent of husband's share will be subject to Will Trusts.

[themas]

Nether Edge - either youy or I have mis-read the question. I took it to mean the deeds were in the sole name of the mother in law before the husband died. If so, I agree with dzug, but not with Mustafa - as you say, deeds are important in a lot of cases to amplify and (sometimes) correct what is on the land register.