Can anyone point me in the right direction re: with will/probate

[vilamoura2003]

My DH’s mum has passed away earlier in the year. He is an executor of her will (along with her husband), which states that the property is to be held on trust and her husband can remain living there until either he dies, remarries etc. Her half share is then to be divided equally between DH and his sibling.

Do we need to do anything to protect their interest (DH and sibling), register a restriction or a caution etc. How do we prevent him from say, equity releasing the lot and giving it away to his children 🤔

Having researched it on the internet with some probate solicitors’ online articles, it says the house should be transferred into the name of the remaining spouse and a trustee (the only other executor than my husband being the remaining spouse), so do we need to transfer the house to my husband’s name and remaining spouse?

If so, do I need a solicitor to do it, or can we complete the appropriate Land Registry forms ourselves?

You can probably do it yourself I think but for peace of mind I'd get a solicitor to do it.

I'm not just saying it because I work for a solicitor, I'm saying it because I've seen a lot heartache when it's done wrong and lifetime interests can be tricky.

I had a similar situation recently - spent hours trying to work out what Land Registry forms to fill in.

You need to see a solicitor I think - there were a couple of things I would never have known by myself.

1. In my case (and this will rest on the details of the will) there was a right of residence, not a life interest, which means that if they move into a care home the house can't be sold to fund the fees. You'll want to be clear on what this will says. What if they remarry or move someone in? What if they want to move out? Can they rent out a room? Who pays for buildings insurance? Etc

2. the value of the house gets added to their (e.g. your Mum's) estate for IHT calculation purposes in certain circs and if this means that IHT is due then the trust and the other beneficiaries split the IHT in proportion to the value of the house compared to the value of the whole amount for IHT purposes) (BUT!! no CGT due on increase in value while they were living there as main residence relief applies)

3. need to appoint an extra trustee so that there are at least 2 trustees left when your Mum dies and they can just sell the house without further Land Registry transfers - need a Deed to do that

4. when transferring house (in Land Registry) to trustees there is a restriction put on - solicitor will advise what would be best in your case.

Look for a STEP member. It cost me about ?£1500 all in .

I did do probate myself but was glad I got solicitors' advice for this bit.

@user0002846727 Thank you so much for your reply, it is really helpful 👍