does a property have to be registered with the land registry before probate can be issued

[jebadhia]

does a property have to be registered with the land registry before probate can be issued

[Barmaid]

No. Title to unregistered land is by Deed. You simply complete the probate forms (and attend the interview), include a valuation of the land (I'd check that it does really belong to the estate first) and probate should be no problem.

[jebadhia]

Barmaid - thank you very much for the quick reply much appreciated, I am trying to identify the following; probate has been issued and the land is unregistered as far as i can tell, my mum was still married to my father but all assets have been issued to the partner any advice would be greatly appreactiated

[Barmaid]

Did mum leave a Will? That's got to be the starting point (I assume that seeing as you used the word "probate" she did).

Perhaps if you could explain a little more the facts and what you want to know, I'll try and help.

[jebadhia]

My mother is the one still alive, my father left all in a will to the partner, in a very poorly completed will (handwritten amendments etc to the property name etc-but signed by a solicitor and witness) my mother cannot remember if the property was in both names, although we know it is unregistered and probate has been issued to the partner we want to identify if there is any way we could contend the will as my mother was with him for 35 yrs of her life, was still married to him unitl death,he commited adultery with the patner- my mum has been left with nothing but separated from him from 15 yrs. Thanks again in anticipation of a response.

[Barmaid]

Right, you need a solicitor first to ascertain in whose name the deeds were. If it was jointly owned precisely how the property was owned is also important - if it was owned as joint tenants the will is irrelevant and the co owner automatically inherits. If it was owned as tenants in common your father can dispose of his share in whatever way he sees fit. However, the first step is to get a solicitor to look at the Deeds.

Contesting a will is notoriously difficult - however, the "alterations" may be relevant depending on when they were made.

Your mother may also have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (irrespective of the fact that she was no longer dependant, she was not divorced). However, there is a strict time limit on this - 6 months from the date of grant.

You need to see a solicitor immediately for some proper legal advice. Preferably a member of STEP or ACTAPS.

[jebadhia]

barmaid - thank you so much for you time greatly appreciated - my only concern is our finacial constraints, I will see if we can pursue- just want to see my mum right!