Legal Fees

Vanilla said:

Probate solicitors usually don't give a quote until they have been given details of all of the assets, including valuations. This is standard practice. The value of the estate determines the court stamp duty on the application which is scaled, and the details of the assets will determine the amount of work involved. It is different from other legal work, where it is easier to quote up front.

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In this case of two assets a house and 5 acres surely renouncing is the legal option and that cost has nothing to do with the value of the 2 assets?

Also if they just did nothing and left everything as it is right now would that be a problem when the mother died?

There are four different things going on here.

First, the OP's father has died, intestate. A grant of administration intestate will need to be extracted to his estate. The work involved in this will depend on the assets, the costs will depend on the value to a certain extent, ie probate stamp duty is scaled on the value.

Secondly the children wish to disclaim their interest in the estate. They will need independent legal advice before they can do so, and that advice will have to include advice on the value of their entitlement.

Thirdly once the grant is extracted, an application will have to be made to transmit the title.

Finally OP's mother is also making a will,, this should be done immediately.

Each of these involves layers of complexity, but as a starting off point, the solicitor must be made aware of all assets and their values. Then she can quote.

Jim Stafford said:

Having said the above, if your parents owned the house as Joint Tenants (which is likely) then

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Situation - Parents are now deceased some years apart and together with one of their children are shown as full owners on a land cert, neither parent made a will.

If this were a joint tenancy ( thereby avoiding probate ) would it be shown as a joint tenancy on the folio ?......or could it be shown as described above...' are each full owners'

I have seen folios with tenants in common as the ownership but cannot recall ever seeing a folio showing joint tenants with three parties as ownership.

The other siblings want to ensure the transition of ownership to the sibling shown on the deeds is done correctly.

I think the most important question here is whose name is the house and lands registered in. If it is in your father's name only,then I think your mother has to go thru probate - if not she inherits and can do what she likes with the property in her will.