Probate - tenants in common

[toner444]

My mother and father divorced before they passed away. When they divorced, they severed the joint tenancy on the family home but the severance wasn't registered with the land registry because it was an unregistered property.

I am the sole beneficiary of both my father and mother's estates.

When my father passed, the Grant of Probate for his estate included half the value of the property in the net value of his estate, the assumption being that he was a tenant in common.

My mother then passed, and I now need to apply for Grant of Probate for her estate.

Do I assume that the severance of the joint tenancy is valid, and value my mother's estate as half the value of the property making the assumption that she is a tenant in common, even though the severance wasn't registered with the land registry? If so, would the conveyancer not question why the net value for probate is only half the value of the property?

Or do I value my mother's estate as the total value of the property to be on the safe side? Even with the total value of the property, the estate is still well below the Inheritance tax threshold. Is there any implications if her estate is overvalued for probate?

[Pezza54]

Your mother owned 50% property after the joint tenancy was severed (unless different ownership percentages were agreed)
So her estate value should be based on 50% of the property value

You should apply for the property's first registration in your name. It will make the property easier to sell in the future
Apply for a search from the Land Charges Department to search against all previous owners since 1925
Apply for first registration with the Land Registry. Send all the required forms and documents and enclose the appropriate fee based on the value of the property