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Legal & money

Do I need to apply for probate?

(5 Posts)
MichaelR Wed 15-Jan-20 12:39:35

My father-in-law died in 2014. My mother-in-law has started in residential care. As part of this process we have Lasting Power of Attorney for my mother-in-law. We have applied for a Deferred Payment Arrangement with my mother-in-law's local authority to pay for her care. As part of this process we found some papers. It seems that some years before his death my father-in-law made a Deed of Gift to transfer 50% of their property to my mother-in-law for them to hold as Beneficial Tenants in Common. They then both made new wills so that their 50% share of the property to was to be left in trust. In my father-in-law's case, the trustees were to be his wife and his daughter. I have looked on the Land Registry and can see that the tenancy in common has been registered. There is a restriction on the title, 'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court'. So I have two questions.
1 - Is there any need to apply for probate, my father-in-law had little money and no assets other than the family home?
2 - We are considering the option of renovating the family home and renting it out to pay towards my mother-in-law's care. Does this alter any answer given to (1)?

As ever with this type of thing, it is all new and I'm in the initial 'getting my head around it all' phase. Any help gratefully received.

Mike.

GrannyGravy13 Wed 15-Jan-20 13:24:11

Most solicitors will let you have a 30 minute free appointment, might be a good idea to find out officially.

Missfoodlove Wed 15-Jan-20 14:15:00

It is usually the case that a deferred payment option is only offered if there is a property to sell.
To rent out the property the income must be enough to pay for the care home.
If the authorities believe the trust was established to avoid care fees they can force the house to be sold.

cornergran Wed 15-Jan-20 18:25:54

If possible I'd ask the solicitor who drew up the Will, if not as missfoodlove says try a 30 minute free appointment. Other thoughts are the CAB. Age UK or if you've legal cover with your home insurance you may be able to get telephone advice from a solicitor through that. Please get informed advice, don't guess.

PamelaJ1 Wed 15-Jan-20 19:14:52

All I can say is that the probate office were extremely helpful when my father died. You could give them a ring.
I wondered if I had to do probate for dad as he was leaving everything to mum and his half was well below the inheritance tax level.
The gentleman asked me if he was leaving a substantial sum -over £5000! I did the probate.🥺
I didn’t