The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
The production of a grant of probate or letters of administration is usually necessary to establish the right to recover or receive any part of the deceased’s estate. Note that some property may pass without production of a grant.
If the deceased owned an asset in joint names with another person, section 3 Administration of Estates Act 1925 provides that the asset passes automatically on the death of the deceased to the survivor by jus accrescendi (the right of survivorship).
If the asset is a joint:
the bank or company registrar will require an official copy of the death certificate.
The fact that an account is in joint names does not necessarily mean that the deceased’s beneficial interest in the account will pass to the survivor.
If the deceased held land with another as beneficial joint tenants, the beneficial interest passes to the survivor on the deceased’s death.
If the land is unregistered, keep an official copy of the death certificate with the title deeds.
If the land is registered, send an official copy of the death certificate to the relevant Land Registry office together with an application to register the death of the joint proprietor (Form AP1) and withdraw the deceased’s
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