Does my DH need a solicitor?

[Somethingsosimple]

DH and his sister have finally sorted out probate for my late mother in laws estate. My sister in law wants to own their mothers house so wants to buy my husbands half. They have both been added to the deeds. She has a solicitor to arrange for the deeds to be changed and pay my husband his half and is adamant my husband doesn’t need his own solicitor. Is this right ?

No idea tbh but if I was in the situation I would get a solictor to advise me if everything was above board.
In this day and age you have to have your own back ..

Not saying she will do your H down but I rather be absolutely sure what I was signing and if everything is legal and above board 🤷🏻‍♀️

I'd say he probably needs to at least have a chat with one, yes. There may be implications that he isn't aware of.

The answer is always yes. He needs his own legal advice.

The fact she says he doesn't means he very much does imo....

Of course he needs independent legal advice. How does he know the valuation is correct, apart from anything else? Did she get two or three estate agents' valutions?

Why would she think he doesn't ? For her own security in the future it would be best to speak to one

If she’s buying someone out I think she might also need to pay stamp duty too but solicitor will advise

Yes absolutely. For his own peace of mind at least.

My Uncle made my Dad sign a piece of paper, telling him he didn’t need to know the details. He was so overcome with grief from losing his Mom and Dad 12 weeks apart, he just did it. He basically unknowingly signed everything over to his brother. As silly as I think my Dad was, I genuinely dont think he thought his brother would ever do that to him, but then they really are very different. My dad didnt care about money (though he needed it), his brother, a multi millionaire obviously knew what he was doing :-(

I am not saying this is a common case but it is my families experience

No you don’t have to, I didn’t when I sold my share. You have to sort out any capital gains tax mind.

I’d at least get an independent valuation

Her solicitor is acting on her behalf & in her interests, not your husbands. A solicitor can't act for both parties due to potential conflicts of interest so your DH would be sensible to get his own solicitor, just as he would if buying/selling a property from a stranger & not assume that the strangers solicitor would be making sure that everything was ok for him too. If your SIL isn't happy with this then she's being very unreasonable & I'd be very suspicious.

First of all there are no deeds. The property should have been registered at the Land Registry with your husband and his sister as either joint tenants or tenants in common following probate. You can check this on the Land Registry online for 3 pounds but make sure you use the .gov.uk website. If the relative died within three years it may be more tax efficient to do a deed of variation to the will, that way avoiding cgt if there is any and obviously without knowing the dates and values it's impossible to advise further. I would advise a quick consultation with a solicitor to check the implications. Providing the solicitor acting for your sister in law is a solicitor, and you can check this on the law society online, or is a registered conveyancer with appropriate insurance, they will have to account for the monies to you. It is not as simple as taking names off the deeds, the property has to be conveyed legally and account for tax before payments are made. To be honest I would speak to your sister's solicitor and ensure she knows she has to account to you for the money you will be owed, and if you are in any doubt as to your sister in laws integrity, you should use a solicitor to protect your position.

He needs to run it by a solicitor. Does he know what to include in a TR1 form if the title contains a positive covenant? If not, he needs advice. It should be fairly cheap.

In effect, he is selling a major asset. Why would you not get legal advice on selling something this important? Definitely get an independent valuation if you haven’t done this already. One good thing though: no waiting forever for a sale!