Probate

[OVienna]

FIL passed away this month.

Am I right in thinking that if he held all of his assets jointly with my MIL no probate is required? Flat and bank accounts. Not a high value or complex estate. MIL still living.

Also: if his will was kept with a lawyer there is no specified time that has to pass to ensure another one doesnt exist elsewhere before probate is granted? ( if required.)

Might have more questions in time just sense checking these points initially.

We are in England.

I mean it is all over the internet that it isn't required. But I am second guessing myself. As you .ight imagine there are "family dynamics" in the background..

I would say no probate. When my Dad passed they had a joint account bank just needed copy of death certificate and just their house. Nothing changed really

Thank you @Iloveeverycat. And no waiting period in case a mysterious rival will appeared?

No probate if it’s all joint tenants.

do a DJP at the land registry to get it into her name only.

If the flat is owned as joint tenants, there is no need for probate in the situation you describe. The assets pass automatically to his wife. However, if the flat is owned as tenants in common, it will form part of his estate and probate will be required.

There is no specific time that has to pass to make sure there are no other wills before probate is granted. However, if there is any doubt, the executors need to conduct a reasonable search to make sure they have the correct will before applying for probate. However, if everything was owned jointly with his wife and the flat was owned as joint tenants, there may be very little in the estate for the executors to deal with. It is quite possible there is no estate at all, in which case it doesn't matter whether you have the right will.

One thing to consider is whether he had a workplace pension or not. If so, they may require probate. You’d need to contact them to find this information out.

Ok he did have a workplace pension.

Flat is owned is joint tenants. Is it correct that we can ssnd that DJP form in ourselves?

when my Dad died we had to go through probate (even though everything was going to Mum) due to private pensions and also because he had a savings account that was only in his name, the bank wouldn’t release those funds without probate but it does depend on the bank and the amount in the account.

Any ssvings were cleared out by the care home. No other assets. It is public sector workplace pension.

How many years had he been getting the pension. If Civil service they only pay on to next of kin if below a number of years have been paid.

Not civil service. She gets a pension, we know that.

When my parents died I phoned the Probate Helpline, they were very helpful and told me what needed doing.

If it helps - think of ‘probate’ as meaning ‘the right to distribute’. So it proves who has the right to distribute the estate and according to what will. The joint accounts and property don’t need to be distributed, they already have an owner - mil. Other assets may need probate but increasingly now banks etc don’t. My mum did probate for a relative not that long ago because national savings insisted on it. Halifax were happy to distribute a far larger sum without it.
If fil made a will and left it with solicitors then it’s reasonable to assume that’s his last will unless he had been saying he’d made another one.

Pensions are not part of the estate currently so don’t form part of probate.

I think the point was probate might be needed as it’s a process that confirms who can handle the deceased’s affairs. So the pension provider might want that even if the benefits are outside the estate

I'm not sure why who can handle FIL estate would be in doubt. He did not die intestate - will lodged with a lawyers and PoA with his wife who is also the executor.

The 'waiting for another will to emerge' is a weird swerve from BIL. There will be no other will, DH's parents have been meticulous in the admin, there is no basis (unless he's fabricated one) to think there might be.

I was just doubting myself to be honest, when he said there was some sort of time period we had to let pass. It's bullocks.

@LovingbooksDH’s pension provider insisted on probate before paying the lump sum.

my sister needed probate for her DH’s premium bonds.

What the government says is necessary and what individual organisations require are often different.

No, just send the death certificate to the banks and they'll remove the deceased's name, and if joint tenants it's very easy to remove the deceased's name from the property on line.

Neither of those were in joint names though.

BeforeIdo OP confirmed he has a workplace pension

Similar circumstances to my late dad incl public sector pension and we did apply for probate, it came through super quick literally about a week, nothing complicated about it.