Is Probate always necessary ?

Hi, I have purchased the following property titles:- 

 

 MAN212064  (Leasehold)  Solely in my mothers name

 

GM648159 (freehold)  Showing the names of myself and three of my siblings, all noted in mum's will. 

 

After speaking with LR staff they kindly emailed me the following:

Enquiry Reference: 241205-4109610 Title Number: MAN212064

Dear Customer

Thank you for your inquiry.

 As Jeanette Bent is the sole registered proprietor for MAN212064 we would require either probate or letters of administration to deal with the title and represent Jeanette Bent. 

(end)

I have also come to understand that as mum had put her house in a Trust to be divided up between her children, named in her will. ( 90% for her immediate children, remaining 10% for her grandchildren )   This would mean that the house is now owned by the 90% majority of her children.  Therefore, in view of the other FREEHOLD title, the only thing we need to do is remove the LEASEHOLD Title which is in mum's name. 

 

The solicitor dealing with the sale of this property, and originally set up the Trust for mum in 2013, has said the following:-

 

1. “...have in the past had a similar situation and managed to do this without obtaining a Grant of Probate.  However, we cannot guarantee that the Land Registry will accept this and a Grant of Probate may be necessary”

 

2. “advises that the lease contains a mechanism for termination if one month’s notice is served by the personal representatives. Therefore, before we sell the property we need to give one month’s notice, terminate the lease and close the leasehold title at the Land Registry. “

 

I think a Grant of Probate might not be necessary, in that the only title relevant is the freehold title. GM648159.  ( the property has been valued at less than £300.000)  Obtaining probate could take a while, incur unnecessary legal costs, and also potentially jeopardise the sale. 

 

I would be most grateful if you were able to advise further. 

Many thanks!

Hi Jackie - this forum is run by HMLR also as an alternative contact channel so my response is also from HMLR.
The response you received is quite correct with regards any dealings, such as a sale of the leasehold title. As the leasehold title is in her sole name the legal ownership forms part of her estate hence probate would normally be needed.
The wider information you have shared here from the conveyancer is interesting though as it seems likely that in 2013 the advice given was to transfer the freehold title to the children who then leased the property to your late Mother for a relatively short term and with specific conditions as to how the lease might be '....terminated [determined] only by one months notice by the Lessee [your late Mother] or her Personal Representatives to the Lessors'
Although the conveyancer states "before we sell the property we need to give one month’s notice, terminate the lease and close the leasehold title at the Land Registry" the probate issue remains as in order to become Personal Representatives then probate is usually required. 
Please do discuss the legal advice you have been given as the conveyancer maybe aware of legal grounds for why probate would not be required in order to 'make' the children the personal reps and/or how the lease can be terminated (determined)