SA How Soon should One Execute a Will?

[Barry O'Reefe]

My father-in-law died last year, bequeathing his share of his family home to his wife, my mother-in-law.
His daughters are the two joint executors of the will, which they have not yet executed.
My mother-in-law’s health is fading, and she is struggling to remain in the house, which is still registered as being owned by her and her deceased husband..
If she wishes to sell the house in order to fund accommodation in a nursing home, would it first be necessary for the executors to process their father’s will, in order to transfer the title to my mother-in-law’s name only?
We live in SA.

 

[Warbler]

Hi Barry the answer to this depends on how the title is held. If it's joint tenancy, then, assuming there is no mortgage, in my experience all that would be needed is to produce a death certificate to the SA equivalent of the Land and Property Information office. Probate would not be relevant as your mother in law would have a right of survivorship and automatically become owner, ie the property would not be part of the estate , although the title needs to be changed.

 

[Barry O'Reefe]

Too easy.
Thanks Warbler.
I was worried about nothing!