A Guide to Probate - Assets owned jointly with somebody else

Jointly held assets - such as bank accounts, shares and land and buildings - usually pass to the surviving owner automatically by operation of law regardless of what the Will or the intestacy rules might say. The production of the death certificate is often all that is usually needed for the legal ownership to pass to the survivor. The PRs do not need to be involved in the transfer as no grant of representation needs to be produced.

One exception to this rule is where houses and land are held jointly but as ‘tenants in common’ so that they do not pass automatically to the survivor on death. The deeds to any land or houses will need to be checked to see in what way the property is held.

Complete Guide to Probate

We have prepared a complete guide that is intended as an introduction to probate and estate administration, i.e. the steps that need to be taken to deal with a person’s assets and affairs after he or she has died. To download this guide please complete the webform below.

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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