Will, Probate, Stepfamilies, thoughts?

[FranklyMyD]

There are a lot of no-contact relationships in my family so I'm a bit stuck with this one.

My (bio) father died seven years ago. A comment made by his second wife (my stepmother) on an online forum would suggest he left a will; I've checked and there's no trace of Probate being granted. Their house was held as joint tenants, the Land Registry wasn't updated to just her name. I suspect my full brother may have received some money after our father's death as he made a surprise large purchase shortly thereafter, but I received nothing.

Question 1. Elsewhere on this site I have read "If the will did not require a grant of probate you would only have entitlement to see the will if you were a beneficiary". But what if you don't know whether you were a beneficiary? I appreciate that there might not have been a will and my brother's money could have been a gift; but presumably I can go no further with this line of enquiry.

My stepmother died 18 months ago, she had two sons. GIven that she owned the house c.£300k, I am guessing Probate will be required (or LofA if no will); to date, there is no trace of Probate being granted. There has still been no change to the house registration on the Land Registry.

Question 2. Am I right in thinking Probate will be required?

Question 3. Is there any reason why Probate might not have been granted some 18 months after death, other than lack of application by her executors?

Question 4. I believe one son sitll lives in the house. What happens if neither son applies for Probate? Is there any legal mechanism to force them to tie up the loose ends?

There's a high chance that stepmother, if she had a will, wouldn't have left me anything; so I have nothing to gain as intestacy leaves everything to her two sons.

I am however incredibly curious! Thoughts?

[echat11]

Hi Frank

des8 Can you please take a look and advise, many thanks.

[des8]

Regarding your father's estate, probate may not have been required.
The house being owned as joint tenants would have passed automatically to your step mother, and the balance of his estate could have been dealt with without the need for a grant of probate.

As your father died without anyone applying for a grant of probate, nor letters of administration, you could have made application yourself. this would probably flushed out the existence of the will.
Bit late now though.

Regarding your step mother's estate the Land registry will not record a change of ownership without seeing the grant of probate or letters of administration.

Why the executors have not applied for a grant ? may be many reasons eg grief; trying to avoid inheritance tax if payable;
worries about not having changed LR records on your father's death; disputes within their side of the family........

Other than satisfying your curiosity I can't see any reason for pursuing the matter

[FranklyMyD]

I take it there is no comeback on the immediate family if they don't go to Probate or sort out ownership of the house with Land Registry - with it probably being sorted out at some point in the future when one of her two sons dies. Would they then have to apply for belated Probate for my stepmother, and resolve her estate formally, before proceeding with finalising the descendent estate?

[des8]

There is no time limit for applying for a grant of probate, and no penalty for delay 9although the same cannot be said about paying IHT, or possibly filing IHT returns).

As you surmise, eventually someone will have to apply for the grant to sort out Land registry records and finalise her estate.