Any solicitors here? Query over tenancy in common after one parent dies

[MrsCarte]

My dad died recently. His will is all in order but my mum and him had created a tenancy in common and had joint wills. My dad's share of the property now goes to me and my sister.Their family sols says my mum now needs a new doc drawing up at the cost of around £300. I think it requires me, my sister and my mum to sign it.

I'm not there (geographically ) to have a face to face chat with the sols but I'm wondering if they are trying to make money out of this and why there needs to be a new document at quite a high cost.

Anyone?

300£ is cheap for anything drawn up by a solicitor...
it's probably to change the deed

In the same way, are you trying to get legal advice for no money?

@DelphiniumBlue Considering my father's funeral has just taken place, and I am helping my 91 yr old mum with this, your comment is rather cheap. This is a forum for legal matters unless I'm mistaken. What exactly is your point?

My understanding for anyone who is willing to share and offer helpful advice if they have been through this, is that I assumed no further action was needed as my parent's joint wills are in order.

We have always done our own POA and probate with family members so this is a genuine query over what needs to be done that is different from what is already in the wills.

I will talk to the solicitor, but meanwhile I hoped someone might have helpful comments

Could this be changing the registration of ownership with the Land registry? When I took ExH of the deeds this was roughly the cost and sounds like what needs to be done.

Mrs carte

I can help but there are lawyers on here. If you don’t get one today bump your post around 6pm there might be some in tonight

Sorry for your loss

Can’t!

The estate, having gone through probate (in due course) will be able to transfer your father's interest in the property in accordance with the will. Presumably the charge is for this (it is a conveyancing transaction), but no one will really know unless you ask them.

Thanks.

There won't be probate as such as my mum inherits everything.

Lone yes. Thanks. I think this is it.

Reason for asking is that my mum is not especially well off and if this was something I could do online , as so much is nowadays, I'd do it. (I did my MIL's probate and both parents' LPA which saved a lot of money.)

There are forms online from Gov. UK which I've seen since I posted but I think it's probably best to leave it to their sols. Happy to hear otherwise.

I'd be thinking very carefully about whether transferring full ownership is the right thing to do.

The most I'd be doing in these circumstances would be getting DSis and myself to swear an affidavit that dmum had the right to live in the house until her death or until she needed full time care.
For £300, that may be what the solicitor is envisaging.

There won't be probate as such as my mum inherits everything.

You said the opposite of this in your first post. Your mum isn't inheriting your father's share of the house. For that to be transferred in to anyone's name probate will be needed.

Collaborate I have spoken to the solicitor now. There is no probate required.

I think there is some confusion on the thread. It's not full ownership- my mum has the right to live there till she dies. My father's share is held in trust between me and my sister until then. The legal docs required are for the Land Registry and deeds.

It will be impossible to transfer your father's share of the property to the trust without probate.

I had a long phone chat yesterday with the solicitor @LittleMisspetty. Probate is not necessary. The trust was established years ago in dad's will. What needs to be done is a transfer of the deeds and removal of dad's name. Probate is only done when there is no spouse to inherit.

I am a widow and had to apply for probate to inherit my late husband's share of the house/estate, even though his Will left everything to me.

Probate has nothing to do with a spouse, if I was you I'd leave it up to the experts!

However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share. Probate or letters of administration will be needed so the personal representative can pass it whoever will inherit the share of the property, according to the will or the rules of intestacy.

MrsCarte if the trust is in your father's Will then it would not have been set up when he wrote it, but instead his death has triggered it for the trust to commence. As a pp stated, the necessity for probate has nothing to do with whether or not there is a surviving spouse or not. If the property was held as tenants in common you will need probate to transfer your father's share be it to your mother or to the trust.

I am assuming your father's Will establishes a life interest trust for your mother to reside in the property until she dies at which point the property will pass to you and your sibling.

OP - upthread you said this: What needs to be done is a transfer of the deeds and removal of dad's name

Believe me, the "transfer of deeds", as you call it, means putting the names of the trustees on the proprietorship register at the Land Registry. For this, you need probate. You can do literally nothing with your father's interest in the property otherwise.

I'm assuming this isn't a wind up.