Probate - house jointly owned by someone already deceased

[NCProbateIssue]

DP's dad died earlier this year and DP is executor of the will. We've just been looking through the documents and have discovered a court order relating to divorce proceedings, that states FIL's house is to be owned as tenants in common. The shares are 3/4 to MIL and 1/4 to FIL, with FIL having the exclusive right to live there until his death or remarriage.

We knew nothing of this until now, and unfortunately MIL died many years ago, leaving her estate solely to DP.

Does anyone know how this situation is dealt with? Her share of the house would have gone to DP on her death, but forms a part of an estate that has already been settled.

Is your partner the only child involved?

Wouldn't it just mean that he inherits his mum's share now and his dad's share at the same time?

Yes he is the only child. I guess so, but I think there might be other things to consider. E.g. his mum's estate was small, with no property owned (we thought!) so this was done outside probate. So I assume that we need to get a grant of probate for her estate now too.

I believe there may also be issues with capital gains tax owing as the property will have appreciated significantly in the years since her death.

An old thread now but copies of both wills will prove DP now owns all the house.
Pass the paperwork to the solicitor dealing with the sale or ask the solicitor to register DP as the legal owner.