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  • Legal ish question.

    Parents bought their house in 1969, no mortgage and registered in my dad’s name only.
    54 years later, dad dies and my mother wants to sell the house and move overseas.

    Do we need to transfer ownership etc or can my mother just sell it. Probate wasn’t applied for as there were no assets bar the half “ownership” which has gone straight to my mum.
    Or is it just easier to pay a brief to sort this all out?
    Ta

  • Sorry to hear about your dad, I hope you and your mum are doing ok.

    House in UK?

    IGNORE BELOW, I DIDNT READ PROPERLY :-

    There are two ways of owning:

    • Joint tenants
    • Tenants in common

    Most likely your parents were JTs (based on you describing the house as having gone straight to your mum). In that case the house passed immediately to your mum, outside the intestacy rules (ie not related to the will) and no inheritance tax arises (it might not have anyway, but it’s outside the scope of inheritance tax).

    If so, your mum needs to fill in a form to have his name removed and then she can sell it.

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