Probate re death

[getpooh]

My father has died 2 weeks ago and left his entire estate (house & small amount of money) to mum. His assets are not enough for inheritance tax which would not apply anyway as all going to mum. I am aware that if the property is owned "joint tennants" then probate is not required. If its "tennants in common" then probate is required. How do I find out which it is? The property is 1907 build, purchased 1969 and mortgage paid off about 15 years ago. I have a bundle of paperwork going back to 1906 but nothing says if its "joint tennants" or "tennants in common" Any ideas? thanks

[woofgang]

have you looked on the Landregistry website? It should tell you there. It may say which on the original mortgage arrangement or on the papers sent when the mortgage was paid off. Make sure you go to the ".gov site" as there are loads out there who will go to the site for you and charge extra fees, It cost £4 to get a copy of the registry entry if there is one.
You do know, don't you, that even if probate is not required, there is still an inheritance process to go through?

[cathfromsaron]

the solicitor who has the will should advise you on all this.

sorry to hear about your dad and sending good wishes.

[woofgang]

cath, there may not be a solicitor involved....

[getpooh]

FYI there is not a solicitor involved. We have the will, my mum is the executer, benefishery and trustee of the estate. I am just trying to help her with the process

[getpooh]

I have just finished reading the land registry title register. And yes it was the land registry website which cost £4. It mentions that mum and dad own the property, its owned freehold, there is no purchase price listed (probably as so long ago). No where in it does it mention if it's "tennants in common" or "joint tennants". I got my sister to have a read both the title details and the paperwork previously and she could not see either.Any ideas?

[woofgang]

okay, I just went and checked mine. My husband died last year so we went through this. DH and i were listed as "registered owners" in the first part of the document and then "proprietors" in part B where it is headed proprietorship Register. The solicitor I went to said that this meant that we were joint tenants and the house could pass straight to me. he did all the paperwork (it was a complex estate that did require probate) and it all went through without a hitch.

[Wak]

If you can obtain a copy of the Register of Title for the property then under the section covering "Proprietorship Register"/ Title Absolute,
Section 1. names the owners of the property and, if the owners are Tenants-in-common, Section 2. covers a RESTRICTION stating-: No disposition by a sole proprietor of the registered estate etc. etc.

This disposition is only inserted when the property is owned by Tenants-in-common so that it cannot be sold or disposed of by a single owner.

If this disposition restriction is not mentioned then the owners are joint tenants.

Hope this helps.