Death of Joint Proprietor Probate Case Study

13 April 2017

Client Situation

Mrs D instructed our Probate Solicitors to administer her late uncle’s Estate. Mrs D was named as Executor in her late uncle’s Will and she wanted our help to transfer her late uncle’s property into the names of her and her husband. The property was held as Tenants in Common between the deceased and Mr and Mrs D, who wanted to continue to live in the property.

With our Probate Complete Service we take full responsibility for getting Grant of Probate and dealing with the Legal, Tax (not VAT), Property and Estate Administration affairs*.

How We Helped

Mrs D instructed Co-op Legal Services to act under a limited Power of Attorney, meaning that we could sign the numerous documents involved in the Estate Administration process on her behalf.

We applied for the Grant of Probate which was issued. This allowed us to deal with the other assets in the Estate, in accordance with Mrs D’s instructions. Following that we settled the liabilities in the Estate.

We dealt with the transfer of the property by completing a Death of Joint Proprietor form and lodging it at the Land Registry, removing the deceased’s name from the Land Registry Title.

As there were still two surviving co-owners of the property, we were also required to complete an Equitable Assent Deed in order to finalise the transfer. We drafted the Deed which was signed by our Authorised Signatories and sent to Mrs D to be filed with the property Title Deeds.

The Outcome

The Estate Administration was completed in four months. Mrs D was pleased as we had transferred the property into the names of her and her husband, and had dealt with all of the other aspects of the Estate. Mrs D stated that the process had prompted her to revise her own Will using our Will writing service.

Mrs D commented, “I would like to thank you for all your help and guidance during this difficult time.”

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

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