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Posted Wed, 31 Jul 2024 14:33:25 GMT by Gary Lane
Hello,

Four years ago my father died leaving everything to my mother: we have a ceritfied will to attest to this fact.  As a result, there was no need for Probate as there was no inheritance other than spousal and all assets have been transferred on presentation of the death certificate and copy of the will.  Most properties were registered with you for the removal of my father's name from the joint title.  However, there was one property which we had previously assumed was in joint names but in fact was registered in my father's sole name.  I put this in the "too difficult" pile after my father died but need to deal with it now.  I have completed a form AS1 and AP1 but am unable to provide probate documents as probate was not sought and was not needed.  Can I just send these forms with the fee, will and death certificate?
Posted Wed, 31 Jul 2024 14:38:36 GMT by Adam Hookway
Hello Gary - I'm afraid not. If it was in his sole name you will need to apply for probate to then have the legal authority to transfer the ownership 
Where a sole legal owner dies probate is always required if there is a recorded will. The executor can then transfer the ownership as appropriate

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