Is land transfer part of probate?

J

johneym

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Hello all,

I have completed probate but there is very little money. The land is divided between 4 people. The money between 3 people. Thing is, if I take the land transfer fees from the remaining money there will be none left for the 3.
Not looking for opinions as we have discussed it and there is disagreement, but looking to know what the situation is legally.

Is land transfer part of probate?

Many Thanks for your time,

John
 
The will probably states that the land should be transferred to the 4 beneficiaries with any "residual" assets e.g. cash to be divided over the 3 beneficiaries.

The "residual" assets are what is left after the expenses of probate etc are taken out. Accordingly, it seems that the cash should be used to pay the legal fees to transfer the land.

If the reading of the will is not as straightforward as above, then you will need to consult with a solicitor.

Jim Stafford
 
thanks Jim,

you hit the nail on the head.

Here is the wording used.


"I give ,devise and bequeath"..........all the rest after payment of my funeral and testamentary expenses, I give to........."

I suppose the issue is can land transfer be assumed to be "testamentary expenses" ?

Yhanks a lot,

John
 
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