Probate and House

[Itsjustmee]

My mum passed away recently and she had a will in which her half of the house goes to my sister and my son and my dad has a lifetime interest in the house and right to stay in the house till he passes away then the whole house will go to my son and sister
I’m one of the executors my dad and sister are the others and are happy to let me deal with everything .

But I’m not sure how I go about registering my sisters and sons interest in the house
I’ve started doing probate and will be sending off the original will and the forms for probate next week I started it on line but have not been able to get through to pay 😂 so decide I will do it the old fashioned way of pen & paper

Is it the case that I can’t do anything about the house until probate has been granted

Thanks in advance

This is a more complex situation than basic probate and you should consult a solicitor. I’ve just down probate for my mums estate, but I am the sole beneficiary, so it wasn’t complicated. Where you have life interests you absolutely need to involve solicitors your confirm the relevant trusts have been set up and whether there are any tax implications.

What you should do is ensure that your father’s share of the property is transferred into your and your sister’s names, as trustees and that this is reflected on the land registry entry. I would advise using a solicitor for this part, not least because if you get it wrong, it will have to be corrected further down the line with more expense. If you insist on doing it yourself you probably need form RX1. Here is the link which also explains the type of restrictions. www.gov.uk/government/publications/enter-a-restriction-registration-rx1

Thank you both for the information
Any idea of what it will cost for a solicitor to do this once probate is Finnished

No the house needs to be registered in the names of the trustees who will hold the house for your Dad during his lifetime and then for your sister and son. The will probably names you as trustee as well as executor. It is a fairly simple for a solicitor to deal with. Just give a few a call to get an idea of cost.

They will probably want a copy of the will to provide a quote. If you are the only trustee it may be a good idea to add a second.

Thanks I’ve spoken to the will writer who wrote the will and she’s putting me in touch with someone who can do this for me
Many thanks