A question about probate.

marcus23

Hello,
I have a probate question I hope someone might have a answer for.

My father died a few years back and I just presumed everything went to my mother so I just changed the bank accounts ect into her name. He left a will but I did not apply for any probate as I did not seem to need it.

But when my mother died recently I checked the property register and the house is in my fathers name only.

What I was wondering is, would I have to apply for probate on my fathers old will, as the house is in his name or if I applied for probate for my mother would that be pointless if the house is not in her name.

Thanks for any info

FreudianSlippers

It's difficult to say because we can't know what your father's will stipulated.

If it was executed properly, then I'm not sure how the house could still be in his name.

As far as I can remember from doing this stuff, you don't need to go to Probate unless there is some question over the validity of the will.

It sounds to me like there may be some misinformation or confusion on someone's part. With this type of thing you're 100% better off talking to your solicitor about the specifics.

juke

OisinT wrote: »

It's difficult to say because we can't know what your father's will stipulated.

If it was executed properly, then I'm not sure how the house could still be in his name.

Unless a Grant of Probate had been taken out, the registration couldn't have been changed. This sort of situation is common enough.

OisinT wrote: »

As far as I can remember from doing this stuff, you don't need to go to Probate unless there is some question over the validity of the will.

No - the will must be probated, in order to change the registration of the deeds.

OP, as Oisin said, without seeing the will and the title deeds, it's hard to say - but it sounds to me like you need to take out a Grant of Probate in your father's estate.

If the house was left to your mother in his will, then what happens to it now depends on the terms of her will. There is a possibility that you may need to take out a Grant of Probate in her estate as well.

Make an appointment with a solicitor, bring the house deeds and both wills and they'll tell you what you need to do.

FreudianSlippers

juke wrote: »

Unless a Grant of Probate had been taken out, the registration couldn't have been changed. This sort of situation is common enough.



No - the will must be probated, in order to change the registration of the deeds.

OP, as Oisin said, without seeing the will and the title deeds, it's hard to say - but it sounds to me like you need to take out a Grant of Probate in your father's estate.

If the house was left to your mother in his will, then what happens to it now depends on the terms of her will. There is a possibility that you may need to take out a Grant of Probate in her estate as well.

Make an appointment with a solicitor, bring the house deeds and both wills and they'll tell you what you need to do.

Thanks, I hate that sort of stuff

marcus23

Thanks for the reply's
In my fathers will he left everything to my mother expect for some money being left to children, I was the executor so all I did was pay out the money that was instructed in the will and changed all the join bank accounts into my mothers name. I did not apply for probate as I did not seem to need it, no banks asked for it they just changed the names on the accounts to my mothers. I probably thought the house was in joint names and it automatically became my mothers. She had some money in the uk and I applied for probate there and all it cost was £90 they sent the letters of administration which I took to the bank and it was all done very easy. Is there any point in applying for probate on my fathers old will, as in that will the house was left to my mother and she has already passed on and if I applied for probate for my mother it might be no use either as the house is only registered in my father name. I had better see the solicitor but they know how to charge.

Thanks

juke

Your solicitor may not charge for the initial consultation. Otherwise, make a personal application to the Probate Office - waiting times for an initial appointment are about 28 weeks, I believe.
http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/DD366735ABBB5EBE802575AF003E0ED3?opendocument&l=en

As the house is still in your father's name, it strikes me that you need a Grant in his estate to allow you deal with the house, as the executor. Whether you also need an Irish Grant for your mother's estate, depends on her will.

marcus23

Thanks for the reply

I think I'll try and apply for probate for my fathers will and see how far I get it sound logical anyway.

Thanks