Do I have to get Probate? England and Wales

Is Probate Needed? This answer applies to England and Wales.

Probate question: Is probate needed? “My father who died on Tuesday and left a last will and asking my brother and I to be executors and he has left everything to my mother.

Do I need to get the will checked at the Probate office to confirm it is legally correct?  Is probate needed? If it is, go here. 

The flat, bank accounts, car, policies are in joint names with my mother so do we need to do anything?”

Is Probate Needed?

First point is that you need to make sure the Will and related papers are preserved until after your mothers death, just in case you need to use Dads Nil Rate Band for Inheritance Tax when mum dies. Looking after these papers could just save £100.000 + in Inheritance Tax.

There is a fair chance that you may not need to get a grant of probate, but it only takes one awkward bank etc to demand it and you have no choice.

Hopefully they will all accept a copy of the Will and the death certificate (get lots).

If their home is owned joint tenants (they both owned all of it) then just send the death certificate to the Land Registry and ask for his name to be removed.  If they owned the property in shares (tenants in common) the probate will be needed to transfer ownership.  As the last will is so simple, they are probably joint tenants, which makes it very easy at this stage, but does put the home at risk from Community Care Tax.

As long as both your mum and dad are English or Welsh, can’t think of any other problems offhand.

Once the dust settles, mum should review her legal planning and get Lasting Powers of Attorney and consider Asset Protection so her whole estate doesn’t go to the Council.

I have attached some of our guides for you.

Fingers crossed!



Is Probate Needed?


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