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Hoping you can help with a query.
Background info
My mother-in-law died about 3 years ago.
Some time before her demise her husband took advice & changed the ownership of their house from joint tenancy to tenants in common, each becoming seperate owners of 50% of the property. (50% to FIL, 50% to MIL).
The executor (my wife's older sister) never applied for probate, but has intermeddled by closing MIL's accounts & tranferring monies into FIL's bank account.
The death has been registered as needed.
FIL died very recently.
The same person, my wife's sister, is also named as sole executor for him.
Everything I've read on the above situation (including Land Registry) seems to state that, where there are tenants in common, probate must be carried out in order to transfer MIL's share of the property to FIL (or his estate).
But a solicitor my wife contacted has said that probate for MIL is not necessary, but didn't explain further.
My wife is anxious that her father's affairs are sorted out properly (she was his Lasting Power of Attorney & 24hr carer for his final years).
Just to clarify, there are no concerns about either MIL's or FIL's (mental) capacity affecting this issue.
I realise that ultimately it will be the executor's responsibility to make sure this is sorted out correctly.
But tbh, & honestly not meaning any disrespect, she is not the sharpest chisel in the toolbox.
I really don't think she realises how complex a situation she faces.
In conclusion, is formal probate required for MIL's estate?
Background info
My mother-in-law died about 3 years ago.
Some time before her demise her husband took advice & changed the ownership of their house from joint tenancy to tenants in common, each becoming seperate owners of 50% of the property. (50% to FIL, 50% to MIL).
The executor (my wife's older sister) never applied for probate, but has intermeddled by closing MIL's accounts & tranferring monies into FIL's bank account.
The death has been registered as needed.
FIL died very recently.
The same person, my wife's sister, is also named as sole executor for him.
Everything I've read on the above situation (including Land Registry) seems to state that, where there are tenants in common, probate must be carried out in order to transfer MIL's share of the property to FIL (or his estate).
But a solicitor my wife contacted has said that probate for MIL is not necessary, but didn't explain further.
My wife is anxious that her father's affairs are sorted out properly (she was his Lasting Power of Attorney & 24hr carer for his final years).
Just to clarify, there are no concerns about either MIL's or FIL's (mental) capacity affecting this issue.
I realise that ultimately it will be the executor's responsibility to make sure this is sorted out correctly.
But tbh, & honestly not meaning any disrespect, she is not the sharpest chisel in the toolbox.
I really don't think she realises how complex a situation she faces.
In conclusion, is formal probate required for MIL's estate?
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