Is a Grant of Probate needed when property is held as T in Common with one half being held by Trustees on a life interest trust

Trusts Discussion
2

I would advocate a grant being obtained as, without this, the children may not be able to evidence their right to H’s share of the property at a later date, if such evidence is required.

There are other reasons why I consider a grant should be obtained, as discussed in an article of mine published by LawSkills in December 2022. Unfortunately, following Gill Steel’s retirement the website is no longer operating, but I am happy to share copies of the article upon request.

A PDF copy of the article ‘Probate, or any other grant – Why Bother?’ is now available here: Is a Grant of Probate needed when property is held as T in Common with one half being held by Trustees on a life interest trust - #53 by WebMod

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

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