ChatterBank1 min ago
Probate
Why does the estate have to go to probate when the will leaves everything to the spouse?
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For more on marking an answer as the "Best Answer", please visit our FAQ.My father in law passed away and I have been trying to sort things out for my mother in law, they both updated their wills in 2002, we saw the solicitor thinking it would be straightforward as my f i l left everything to my m i l. No such luck! We wanted to update her will as f i l was in it and go through his will, they owned their home, mortgage free but it's in my f i l's name only, we were then told that we had to go through probate because of this. I can't understand this and wonder why bother to make a will at all!
Thanks for the input everyone, I think inheritance tax comes into play if the estate is more than £250,000. I don't think it will be quite that much. How can I find out if he got around to putting the bungalow in joint names? who do I contact? no mortgage provider, do I call the land registry? I can't find any paperwork relating to this. Sorry for the multiple questions.
If there hadn't been a will the estate would have had to be dealt with under intestacy laws. That means that people other than the surviving spouse would have (potentially) the right to a share in the estate with the added possibility of being compelled to set up a trust.
Probate is in part to prove the will is genuine
Probate is in part to prove the will is genuine