Grant of probate land registry

My father in law recently passed away. He had tenancy in common mortgage with his wife. Land registry was updated in Jan via solicitors so that my mother in law is sole name on it. Mortgage provider says we need grant of probate to transfer mortgage solely to her, but solicitor says no given land registry is now in her sole name. With this conflicting advice, how do we proceed? 

Alexander. Sorry to read of your loss. Probate isn't required in cases where a joint registered legal owner dies. The legal ownership passes to the surviving owner to deal with. I suspect the actual issue is the 'tenancy in common' you refer to and the form A restriction on the register that prevents his wife/widow from taking receipt of capital monies (selling/remortgaging) on her own. However you also refer to a 'transfer mortgage' but why if they were joint registered owners as presumably the existing mortgage is in their joint names anyway?<br> I'd suggest asking the mortgage provider and solicitor for clarification and also to confirm what it is that they are trying to achieve

Thanks Adam. Yes, what's left of the mortgage was in their joint names. I assumed the mortgage would just automatically go in her sole name, but the provider says probate is needed to do that regardless of the fact that land registry has changed to her sole name. The solicitor won't help now as they say this isn't in their remit so we're left to battle the mortgage provider alone without a solid argument. When I've asked them, they just refer to previous answer.&#160;

Hi Alexander - interesting and not something I have come across before and I would assume that this is something specific within the terms of the mortgage product taken. The T&amp;Cs of the mortgage itself should explain what happens if one of the borrowers dies. In my experience the surviving borrower simply takes on sole responsibility for that mortgage. There's no 'transfer of mortgage' that would involve ourselves so very much something to pursue with the lender as you state