Grant of probate - do I need it

[Guest]

Hi there,

I recently spoke to my Dad's solicitor regarding my late uncles will and he said we would need a grant of probate. The executor in the will (it's a fairly homemade one but a solicitor says it will be ok) is my aunt, my uncles wife.

My Dad and my late uncle are joint owners of the estate, which includes two flats, both which exist above commercial properties which bring in rent. The solicitor said grant of probate would be required for my aunt to take control of my uncles share. That part I understand. However as my Dad is co-owner, could it not just pass to him without much hassle, IF my aunt was ok with that?

I don't know if that makes sense as we would still want a portion to be in my aunts name later on as she is much younger and allows for more time in terms of avoiding inheritance tax for her children.

The solicitor said we need grant of probate, but I simply wasn't sure with regards to the properties here. Also, each of the properties are valued at over £1m including the commercial properties. So the 2-5% solicitor fees made me shudder.

Regards
Mihir

[des8]

Depends on what else might be in your uncle's estate.
If it includes real estate or stocks and shares, probate will be requires

I doubt the whole of your uncle's estate was jointly owned by your father, although the flats might have been.
Have you checked the relevant proprietorship registers with Land Registry to see how they were owned

If you haven't yet instructed a solicitor, and don't feel competent to diy, shop around