https://hmlandregistry.blog.gov.uk/2013/09/13/property-owner-dies/

What to do when a property owner dies

Funeral flowersWhen someone dies there are lots of things to sort out. Here at HM Land Registry, we get lots of enquiries about property owned by the deceased. Adam, Customer Service Representative, tries to cover some of the main issues that arise when a property owner dies.

Dealing with the deceased’s property can be relatively straightforward, but often a solicitor would become involved in sorting out their affairs, including property. For that reason, people are not always certain what happens next.

Usually, the deceased’s will specifies a named person to deal with the estate (or the deceased’s next of kin if there is no will). They are responsible for the legal affairs and will often obtain ‘probate’ or ‘letters of administration’, which enables them to act as the personal representative (PR). Probate also enables the PR to transfer or sell the property. You can get more details about Probate, including how and where to apply, from the Probate Service.

If the property is to be sold, the Probate gives the PR the authority to sell it in accordance with the terms of the will. If the property is registered and the person who died was the sole owner then PR will often either Assent (form AS1) the property to the person(s) who inherits it or Transfer (form TR1) the property to someone else.

If the deceased was a joint owner and the partner is still alive, you would normally just register the death with us using form DJP, along with an official copy of the Probate or death certificate.

Much will depend on what the deceased owned and beneficiaries intend to do with the property. Whatever is decided though, does not have to be rushed and is often dealt with several weeks after the death and the reading of the will.

The important points

When someone dies, there is usually no rush to sort what happens with their property.

Before you can do anything, it's often necessary to obtain Probate. Check with the Probate Service as to whether it is required and if so, how long it will take.

If the property is registered and is to be sold, there is probably no need to contact us as Probate enables the personal representative to sell the property.

If the property is in joint names, it may simply be a case of just needing to notify us of the death.

If the property is unregistered and the beneficiary intends to keep the property, this will trigger the need for the property to be registered for the first time.

Sorting out the affairs of the deceased can be quite tricky. Dealing with the property is often just one task of many, so if you are unsure then we would always recommend getting legal advice.

1,571 comments

  1. Comment by Susan posted on

    Thank you for this useful information. I am currently buying a house from a deceased estate, and their heir has probate. I would like to check if the house should be transferred into the heir's name before they can sell it or if it can be transferred directly into our name from the deceased's name, because they have a letter of probate?

    Many thank.

    Reply
    • Replies to Susan>

      Comment by adamh posted on

      Susan - if they have probate then it is not always necessary to register the executor(s) first before they can sell. Your solicitor/conveyancer will be able to confirm this for you.

      Reply
      • Replies to adamh>

        Comment by Phil Whalley posted on

        Could you clarify 'not always necessary'. My wife has probate for her father's estate. She is the sole heir and sole beneficiary of the Will. Are we safe to assume that we can proceed with selling the property immediately? Thank you

        Reply
        • Replies to Phil Whalley>

          Comment by adamh posted on

          Phil - from a registration perspective we and the buyer can rely on the probate to register the sale/purchase. Probate enables the named personal representative to deal with the deceased's estate, which includes a solely owned property. As the estate includes more than just the property we cannot be definitive re how the PR should deal with such matters, hence 'not always necessary'

          Reply
          • Replies to adamh>

            Comment by Phil Whalley posted on

    • Replies to Susan>

      Comment by JANET MILLS posted on

      just be careful and get some legal advise. My mom's house went through Probate and my brother was able to steal the entire inheritance. Don't try to "so it yourself"

      Reply
      • Replies to JANET MILLS>

        Comment by Cass Cole posted on

        Janet, going through same thing, which is why I am in this site. Aunt was executor. took Assent as she was executor, took and registered home in her name. No deed. Should have gone to all three if her Siblings also. She recently died, all siblings now deceased, leaving cousins in disarray as she left her estate to 3 of the nine of us. Land Registry is just not doing their job is someone can walk In And do that. Is that what happened to you? Did you have to drop it?

        Reply
        • Replies to Cass Cole>

          Comment by adamh posted on

          Cass - Janet may pick up your comment but this is a blog rather than a forum so that may not be the case.

          I should stress that it is not our job to police how an executor deals with the deceased's estate. if she obtained probate then she can deal with the estate, which includes the legal ownership of the property providing the deceased was a sole owner. There are laws to protect the deceased's estate and that of any beneficiaries so any disarray may be something for the courts to order on

          Reply
  2. Comment by Matthew Brown posted on

    Without probate or Executors Entry on Registry could transfer be made to an Equity Release Scheme?.

    Reply
    • Replies to Matthew Brown>

      Comment by adamh posted on

      Matthew - not too sure what you are referring to here. Can you Contact Us and provide some additional detail re the situation please

      http://site.landregistry.gov.uk/contact-us/form

      Reply
      • Replies to adamh>

        Comment by Roberta West posted on

        I'd be interested to know how Matthew Brown got on, as I have a situation where a relative (beneficiary) has had our mothers name removed from a tenancy in common on land, and gained a large mortgage, and has now left the country, adamh! I didn't think it possible for such goings on to occur without fraudulent action, and criminal consequences? And surely the tenancy in common still exists, and the beneficiaries naturally Ascend? I was told this by the Land Registry, some six years ago. Could you clarify

        Reply
        • Replies to Roberta West>

          Comment by adamh posted on

          Roberta - it is very difficult to really answer your questions in any detail as much will depend on the circumstances as you are in essence dealing with both the legal and beneficial ownership and it is the former which we really deal with.

          In many cases a 'tenancy in common' is registered against the legal title and this restricts the ability of a sole surviving owner to deal with the property for money for example sell it or mortgage it without either applying to remove the restriction form the title or by appointing someone to act with him/her on any sale/mortgage.

          The issue of the beneficiaries and the assent of the proeprty to them by the executor(s) is a separate matter although if the property was registered in joint names any transfer of ownership of the legal title to the beneficiaries would be carried out by the surviving registered owner and not the executor(s) for example.

          The devil is always in the detail so if you feel that the relative has acted inappropriately then I would recommend that you seek legal advice and/or apply to us for copies of the application and supporting paperwork used to support any removal of the restriction mentioned or mortgage taken out.

          If you wish to apply for copies of the paperwork as mentioned then please contact us online and include specific details of the property, title number and the transaction(s) you are concerned with. We can then respond and advise what paperwork we have, how to apply for it and the fees payable. Each document will normally cost £7.

          http://landregistry.custhelp.com/app/contactus_general/

          Reply
  3. Comment by tami posted on

    i live in a house and the owner is dying, has dimentia and no heirs or benificiaries. what can i do to secure the deed myself?

    Reply
    • Replies to tami>

      Comment by adamh posted on

      tami - you are going to need legal advice I'm afraid which we cannot provide.
      If the legal owner passes away and there are no heirs/beneficiaries then the property can pass to the crown so that is one aspect to discuss with a legal adviser.

      Reply
  4. Comment by Rachael Edwards posted on

    I think the question below probably answers mine, but I am a named executor on the probate order and have just accepted an offer on the estates house. I just wanted to check that I do not need to transfer the property to the executors and it can just be transferred directly to the new owners.
    Many thanks
    Rachael

    Reply
    • Replies to Rachael Edwards>

      Comment by adamh posted on

      Rachael - the executor(s) have the authority to sell the property so there is often no need to register them, in their capacity as executor(s) or personal representatives as they would be referred to on the register, prior to selling the property.

      Reply
  5. Comment by Judge posted on

    As a PR, after L of A granted, do I need to confirm MY identity at LR appt (beneficiary will be attending - no conveyancer) with ID1?
    Also, AS1 Panel3 date - what is the relevance here? can I just date the form here as the date handing the forms AP1/AS1 and L of A Grant across to LR at appointment?
    And, is the assent fee for property £350k now £80?
    Thanks

    Reply
    • Replies to Judge>

      Comment by adamh posted on

      Judge - we would not usually require a form ID1 to be completed for the personal representative(s) as named in any Probate or Letters of Administration.
      If you are assenting the property to anyone but yourself then we would require form ID1 for them
      The date should be added as and when the form AS1 is signed/witnessed/executed so that can be done before attending one of our offices as we cannot witness your signature for example.
      The fee is payable under Scale 2 so the fee would indeed be £80

      Reply
      • Replies to adamh>

        Comment by Judge posted on

        Thanks Adam.
        Could you confirm the wording I would need section 12 would NOT need me to specify my role as PR or Administrator, just the "signed as a deed etc" then witnessed?
        Also, the Charges Register notes lost deeds and that there many be outstanding restrictive covenants - would I need to repeat this paragraph at section 11 Additional Provisions or will it just be there in any event on the Register?
        Thanks (again!)
        Judge

        Reply
  6. Comment by Graham posted on

    I bought a house jointly with my parents (they had the right to buy from the local council) and therefore were on the deeds. My mother is now in the advanced stages of dementia and is dying, she has given my elder brother and sister power of attorney to sell the property and access her account. Can they do this since I am the only other person interested in the property through my paying the down payment on the property and 50% of the mortgage?

    Reply
    • Replies to Graham>

      Comment by adamh posted on

      Graham - you will need legal advice on this but if you are registered as a joint owner then the legal title to the property cannot usually be transferred without your signature. I say usually as if for example they got a court order then this could impact.
      As to accessing her account I would not know but again legal advice should be able to cover this or indeed her bank/building society for you.

      Reply
  7. Comment by LoLy posted on

    If the property of the deceased is unregistered does the beneficiary under to will have to apply for first registration or is it the executor who does so?

    Reply
    • Replies to LoLy>

      Comment by adamh posted on

      LoLy - the assent/transfer of the property to the beneficiary will trigger the need to register the property. From our perspective anyone can then apply to register it.

      Reply
  8. Comment by Paul John Hedley posted on

    I understand that an inherited unregistered property doesn't need to be registered to be sold by the deceased's estate

    Reply
  9. Comment by Paul John Hedley posted on

    I understand that an inherited unregistered property doesn't need to be registered to be sold by the deceased's estate - it is up to the buyer to then register it. However, I'm confused about how a deceased's property becomes legally owned by beneficiaries rather than personal representatives or executors after probate if it isn't registered with the LR. I am one of two personal representatives for a deceased relative, and we are also both beneficiaries (there is one other beneficiary, who isn't a PR). We are going to sell the property, but it isn't registered. The value of the property has gone up since the probate value, so there will be Capital Gains Tax to pay. Am I right in thinking the Capital Gains Tax rate is higher for personal representatives/executors than it is for beneficiaries (depending on their individual allowancies and incomes) at the time of selling - so should we register and transfer ownership to the beneficiaries before selling to reduce CGT, or is there a way of transferring ownership of the property to beneficiaries that bypasses the need to register? Thanks, Paul

    Reply
    • Replies to Paul John Hedley>

      Comment by PTerri posted on

      Paul – I note that you have asked two questions, however as they are similar, I have provided a single response to them.

      An Assent or Transfer resulting from death of an owner of unregistered land triggers compulsory registration. Land Registry’s requirements are that the land/property should be registered within two months of the compulsory registration being triggered. Where the land is being sold to a third party, it is for the personal representatives/beneficiaries and the purchaser to agree who should apply for first registration of the land.

      If the beneficiaries of the deceased owner are not registered by the personal representatives or the executors, then they do not become the legal owners of the land. They will remain the beneficiaries of the estate only. We register the legal ownership and not the beneficial ownership. So, if a first registration application is made by the purchaser, the beneficiaries will not appear as legal owners on the register of the title.

      In relation to your query about Capital Gains Tax, this is not something that Land Registry has any involvement with, and therefore, I would not be able to assist you.

      I would suggest you seek legal advice on who should make the first registration application and Capital Gains Tax. You could also contact HMRC for guidance on Capital Gains Tax.

      Reply
  10. Comment by Rapunzel posted on

    May I ask, is hiring a solicitor to conduct a survey mandatory when transferring a property to a beneficiary? In this case the deceased owned the property (freehold, no mortgage) and the beneficiary is the deceased's only (adult) child who wishes to live in the property. The executor (on whom there are suspicions of potential fraud) has hired a solicitor to do conveyancing on the property without telling anyone, and refuses to fill in any forms or respond to beneficiary. I have read that in cases like this all that's required is to send the AS1 or TR1 form along with the deed of probate to the Land Registry but would appreciate clarification.

    Reply
    • Replies to Rapunzel>

      Comment by PTerri posted on

      Rapunzel - We do not stipulate that an application has to be made by a solicitor. We can assist on procedural matters relating to Land Registry application but cannot help with anything that can be construed as legal guidance.
      It is for the Executor named by the Probate Registry and the parties concerned to decide if they understand the legal implications of whatever they are doing and are happy to proceed on that basis or they prefer to use services of a solicitor.

      Reply
      • Replies to PTerri>

        Comment by Rapunzel posted on

        Thank you, that's all I needed to know - that a survey is not mandatory when transferring a property to a beneficiary, as it is when selling a property.

        Reply
  11. Comment by colin olver posted on

    My wifes father died 3 years ago and the property was in his sole name and unregistered. Her mother has also recently died and she is the PR and benificary . Will this transfer of the property to her be subject to IHT on her mothers estate or will it be seen as a transfer between H&W when her father died

    Reply
    • Replies to colin olver>

      Comment by PTerri posted on

      Colin - I am sorry for your loss. As the property is unregistered, the transfer will trigger compulsory registration with us. In relation to it being subject to IHT, we are unable to provide any information on this and I suggest that you seek legal advise or contact HMRC.

      Reply
    • Replies to colin olver>

      Comment by adamh posted on

      Colin - the key from a registration perspective will be to demonstrate how the property has now passed from the late father to your wife. Inva riably this is done through evidence of probate as we would not consider the contents of any will.
      You refer to your wife being her late mother's PR and beneficiary and I would assume that her late mother also inherited the property in a similar fashion? If she did then that inheritance should have triggered first registration of the property at the time of the father's death.
      As it did not I doubt whether the probate for the late mother will, on it's own, enable her to now deal with the legal ownership of the property as it was in the father's sole name. I would suggest contacting the Probate service to check/confirm what may be required and/or whether probate for the father was obtained. If it was not then that may be an option to explore albeit 3 years after his death?
      The issue of IHT is not one we are involved with and I would suggest contacting HMRC as well to check as to their requirements.
      In the circumstances it may also be worth seeking legal/financial advice as well.

      Reply
  12. Comment by hstan posted on

    Hi I have been going through the purchase process for a property for several months whereby the property is being sold by a trust representing the benificieries of an estate of a deceased family member. The property has never been registered as it has been handed down through through the family since it was first purchased in 1931 and its since never been sold. My solicitor requested that the seller register the property months ago but they did not agree to this. My solicitor raised concerns that we may have issues registering the property once the sale goes through as there was some incomplete information in the paperwork provided. We requested that a statutory declaration was provided by a family member who was mentioned in the will so that we could be assured there would be no claim to the property from anyone once the sale went through. This has now been received but are now getting close to losing the property as my solicitor is insisting that the seller / their solicitor agree to offer assistance if we experience any issues when we come to register. The seller does not think this is necessary as says we should have no issue registering following completion. I want to understand what the possible risk might be and in what situations a buyer might not be able to register a property or experience issues with registration when trying to register an unregistered property for the first time.

    Reply
    • Replies to hstan>

      Comment by adamh posted on

      hstan - such situations can be tricky but you must rely on your legal advice to understand the risks involved here.

      If the deeds are incomplete in some way then the fact that the true owner is now deceased may complicate matters simply because the person(s) then tryng to explain why they are incomplete may not have as full an understanding of what is missing and/or how that happened. As such the risks involved increase.

      Our registration requirements are explained in our online guidance on first registration and first registration where the deeds have been lost

      https://www.gov.uk/government/publications/first-registrations

      and

      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      If you are unable to satisfy those requirements then there is an increased risk that we will be unable to register but we cannot advise on that or tell you that until such time as the application is submitted. Hence the need to rely on your solicitor here to explain the risks and what may or may not happen next.

      Finally, I would add that in my experience the request that the seller assist with any issues encountered during registration is quite standard, irrespective of whether the property is registered or not. However the option to refuse to do so does exist but again that simply adds to the mix for you and your solicitor in assessing the risks involved with proceeding on that basis.

      Reply
      • Replies to adamh>

        Comment by hstan posted on

        Thanks for the response adamh.
        Sadly we lost the house at the last hurdle as the seller would not agree to a clause in the contract to say they would assist with any registration issues post purchase. Without with assurance my solicitor would not sign off the exchange .
        Is there not a service that can be offered to check details pre exchange and confirm whether there would be an issue as it's been really distressing to lose the house after 7 months and just because there may have been an issue...

        Thanks

        Hannah

        Reply
        • Replies to hstan>

          Comment by adamh posted on

          Hannah - sorry to read that it all fell through in the end.
          In my experience such assurances to help are standard so unusual that the other side would refuse and it would be interesting to understand why as that suggests that they too may have been uncertain as to the validity of the supporting evidence/information?
          The service you mention essentially already exists as the sellers register their title before selling to you. So if any doubts exist then better to get it registered first and then sell.
          That may sound a touch harsh but it is not meant to be but it highlights one of the key benefits of registering a title.

          Reply
          • Replies to adamh>

            Comment by hstan posted on

            Hi adamh
            Thanks again for your previous response. All may not be lost as the seller has contacted me and said that they would want to try and continue with the sale if we can get agreement between our solicitors.
            The concern they had with going ahead with the agreement to assist was that they felt that they may be liable for continuous involvement and any fees which arose. Without having a full understanding of the issues you at the land registry may raise its hard to know whether this could be the case. From my understanding it would be just until we succeeded in a first registration and then their involvement would cease.

            I pushed again for them to register pre sale but they have said this is not possible as they are not individually actually the owners of the house as they are beneficiaries of the estate and the estate is in effect in a trust and we are purchasing from the trust/estate and not then as individuals. (Its 3 brothers) They've been advised legally that it would complicate things for one of them to register ownership only to then sell again as the estate will be divided between them I assume.

            The only way I see that we could proceed is by giving them some reasonable parameters to the agreement which would say how long we'd need them to assist (ie until registration complete) and a max cost that they might have to pay but I am not sure what this might be.

            They don't understand why we think it might be an issue to register as the house was bought out right in cash in 1931 when it was first built and then just handed down via will twice via family members as they passed on.

            Any further advice you can offer would be greatly appreciated as we might have another chance at this house and I would hate to lose it again.

            Hannah

          • Replies to hstan>

            Comment by adamh posted on

            Hi Hannah - it looks as if you have a fairly comprehensive understanding of what is happening here and I would simply reiterate that it is your own solicitor you will have to rely on for advice.
            The beneficial ownership can most likely complicate things but as the buyer these would not directly involve you.
            As such the question I suspect your solicitor needs to consider is If he/she was presented with the evidence of ownership which exists would he/she accept that the trust/beneficiaries are both able to prove title to the property and sell it?
            If Yes then the issue mentioned may not be so significant but if No then from a conveyancing point of view it could be a 'deal-breaker' but that is for he/she to explain/consider

          • Replies to adamh>

            Comment by hstan posted on

            Ok thanks again for your quick response.
            Will try and work through with my solicitor given all the information we have and hopefully we can resolve things.
            Thanks again
            Hannah

  13. Comment by Pareja Brandy posted on

    How does it work if a deceased person passes and they have a living spouse? And what is concluded from that if there is no will specifying who the property would go to if that person dies?

    Reply
    • Replies to Pareja Brandy>

      Comment by adamh posted on

      Pareja - how the law works with regards the deceased's estate is not something we deal with or can advise on.

      We deal with the legal ownership and not the beneficial one so from our perspective if the property is registered in joint names and one of the owners passes away then the legal ownership passes to the sole survivor. We do not see or deal with the aspect of whether a will exists as the will deals with the beneficial ownership.

      There are though other aspects which can have an impact as explained in our online guidance on joint property ownership

      https://www.gov.uk/joint-property-ownership

      The GOV.UK online guidance may also be of interest

      https://www.gov.uk/wills-probate-inheritance

      In the circumstances I would suggest reading the available guidance and then seeking legal advice to understand how things works in the circumstances you have explained.

      Reply
  14. Comment by Lins posted on

    I am my late sisters executor and sole heir - she has left me her house which she has a more on - I want to pay of the morg in full and keep her cottage about 100k total value - which form do I need to fill in to put it into mine and my husbands name ?

    Reply
  15. Comment by Nina L Villa posted on

    My grandfather recently died leaving half his house in trust for my grandmother during his lifetime and then to his children. What forms do I need to complete to update the register to reflect that he is now deceased and register the trustees as the current holders of the property?

    Reply
    • Replies to Nina L Villa>

      Comment by adamh posted on

      Nina - sorry to read about your recent loss

      I am not too sure whether the property is registered in joint names or his alone and what is happening to the other half?

      Can I ask you to contact us using our online form and include details of the address/title number as well as some specifics around what is happening re both halves etc
      http://site.landregistry.gov.uk/contact-us/form

      We can then advise on how to register the changes

      Reply
      • Replies to adamh>

        Comment by Nina L Villa posted on

        Thank you. The property was held as tenants in common so the other half is in my grandmothers name already. His half is to be transferred to the Executor/Trustees to be held on trust. We need to know which forms are needed to transfer from his name to the trustees.

        Reply
        • Replies to Nina L Villa>

          Comment by adamh posted on

          Nina - if that is the case then I'm afraid you cannot transfer a half share in the legal title.

          As such your Grandmother would Transfer the title from herself to herself and the trustees

          Our online guidance explains how to transfer ownership but I would enclourage you to also seek legal advice to cover not only the transfer of legal ownership but what could or should happen to ensure everyone's interests are protected as well.

          https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

          Reply
          • Replies to adamh>

            Comment by Nina L Villa posted on

            Apologies, I'm probably being vague. The property has been transferred via deed (as per legal advice) already. I just need to know how to inform LR of this change and remove my grandfather from the register. It has been suggested that this might just be completion of the notification of death form and an RX1 to enter a restriction.

          • Replies to Nina L Villa>

            Comment by adamh posted on

            Nina - no need to apologise but I think it is probably best if you contact us privately and away form the forum so we can actually look at the register and then advise.
            If you could email customer.service@landregistry.gsi.gov.uk with the address/title number and the exact circumstances it will help us advise
            What I would need to know is
            1) Has the Transfer been lodged and registered or are you simply now asking how to do that?
            2) Are you really asking how to register the death and to register a restriction to protect the trustees/beneficiaries interest in his half share?
            The two questions may not be relevant but I am uncertain as to what the exect circumstances are and what you are trying to register.
            Please do email us rather than post again as this is a public blog and relating your enquiry to a specific registered title is the only way of being certain of our replies.

  16. Comment by Elaine Smpson posted on

    We are selling a property from deceased estate and have probate. However property was owned 50:50 in divorce proceeds. How do I find out if divorce outcome was registered on the title. Title search only shows the old lease for numerous properties not the sole title for the one property.

    Reply
    • Replies to Elaine Smpson>

      Comment by adamh posted on

      Hi Elaine - not too sure if you have searched using a title number or postal address.
      If you search with the postal address and the sole title is registered then it should also be available as an option to view/download.
      However you refer to an old lease for numerous properties so not too sure whether the deceased's ownership was a sub-lease or perhaps a short tenancy that was unregisterable.
      In the circumstances and to clarify matters I would suggest contacting us at customer.service@landregistry.gsi.gov.uk with the postal address and name details and we should be able to at least point you in the right direction

      Reply
  17. Comment by Mandy posted on

    My father has passed away and had life assurance for me to pay off the mortgage. I now have this and the Ltr of Administration which the mortgage company have. Is it just a case of me paying the mortgage off and getting the deeds transferred to me or do I need a solicitor to do this for me?

    Reply
  18. Comment by Jim Molloy posted on

    I have recently discovered that the title of a small piece of agricultural land which my father owned (solely), is still in his name over 10 years since he passed away. My mother inherited all of his assets (he left no will) and has always presumed she owned the land upon my father's death. She now wishes to dispose of the land, so can she do this as it is, or does she have to get the title of the land registered in her name first? Thanks. Jim.

    Reply
    • Replies to Jim Molloy>

      Comment by adamh posted on

      Jim - if the land is registered and still in your Father's name then your Mother is likely to be able to sell it only if she has letters of administration (issued by the probate service where there is no will).

      Reply
  19. Comment by molly posted on

    Hi,can anyone help...I'm sole executor of my mums property and also a beneficiary with my two brothers...we don't want to sell at present and property is rented out....do I as executor transfer property to my name until we sell or to all 3 names and can I do this myself or do I need a solicitor

    Reply
    • Replies to molly>

      Comment by adamh posted on

      Molly - the choice is essentially yours and the beneficiaries so youm could register yourself in your capacity as the executor (personal representative) or you could assent the property to the beneficiaries.

      To register yourself as the personal representative you would need to lodge a form AP1 along with the probate. The applicaiton should refer to it as a transfer by operation of law or registration of personal representatives.

      If you want to assent the property to the names of the beneficiaries then you would do this with form AP1 and probate again but you would also need to complete a form AS1 and ID1 forms for each brother.

      Links to our forms and guidance on how to complete them can be viewed on the website - we always recommend seeking legal advice as well simply because dealing with the property is often just one aspect to consider when dealing with a deceased's estate. There is no requirement to use a solicitor to prepare and submit the applications.

      https://www.gov.uk/government/collections/land-registry-forms

      Reply
      • Replies to adamh>

        Comment by molly posted on

        Thankyou,could I also ask if I register property in all three names can I do this as tenants in common or is that a legal matter...and if property in my name solely would my brothers share still be protected the same as tennants in common....Thankyou again for your time

        Reply
        • Replies to molly>

          Comment by adamh posted on

          Molly - the form AS1 allows you to deal with this in panel 10
          If you simply registered yourself as the personal representative then the beneficiaries are in many ways still protected by the rules governing the will and probate as you are not registering yourself as the legal owner but simply as the personal representative of a deceased legal owner.
          In the circumstanecs I would encourage all three of you to discuss the options available to you with a legal adviser - I hope that helps

          Reply
          • Replies to adamh>

            Comment by molly posted on

            Thankyou,I may well take legal advice...but just to clarify...if I register house in all three names,that would be making it legally ours,is that correct

          • Replies to molly>

            Comment by adamh posted on

            Molly - if you register an Assent to all three names then the legal ownership would be registered for all three of you

          • Replies to adamh>

            Comment by molly posted on

            Thankyou you have been most helpful

  20. Comment by Louise Pinto posted on

    Hi there, I am interested in purchasing a property that has been empty for at least the last 5 years. It has been professionally boarded up but not sure who organised this. I believe the owner is deceased. How do I go about finding out if the property is up for sale etc?

    Reply
    • Replies to Louise Pinto>

      Comment by NimishP posted on

      Hi Louise - if the property is registered with Land Registry, the title register will reveal the name and contact address, as provided to us, of the owner. You can try to use that to see if the owners or their representatives wish to sell the property. If the property is not registered, then I am afraid there is not much we can help with. You can check with the neighbours or the people who boarded it up.

      Reply
  21. Comment by Greg Vernon posted on

    when my father passed, and left some farmland to myself and brother,what kind of paperwork should I receive after the probate of the will is finished.

    Reply
    • Replies to Greg Vernon>

      Comment by adamh posted on

      Greg - I suspect much will depend on what happened next re the farmland and it's ownership.
      If there was a recorded will then Probate is often the next step and this provides the executor(s) with the authority to deal with the estate. Any property is often then either assented to the beneficiary or transferred to a third party as appropriate.
      So fo example if the farmland was registered and the executor(s) assented it's ownership to the beneficiary then that is likely to have been registered with us. However this has to be applied for and any resulting paperwork, for example confirmation re the registration being completed, would be issued to the applicant only

      Reply
  22. Comment by Tracy Watkiss posted on

    My father in law passed away July 2013. My Mother in law shortly before that. There are 3 siblings who inherit. The 2 daughters are executors of the will. The eldest sibling moved into the home to care for dad removing him from a care home to look after him, then 1 week later moved him back into a care home, saying she could not cope. She is still living in the house and not paying rent to either sibling. It is in the will the house was to be sold and the proceeds from the sale were to be split 3 ways. It is now 2015 and after numerous we have applied for probate, no we don't need it we just need to get the 2 executors names on the deeds. Today they have told him they have seen a solicitor it needs to go to probate, the deeds need to be put in just their two names. They won't let my husband see the will, tell him who the solicitor is. Can you possibly give us some advice

    Reply
    • Replies to Tracy Watkiss>

      Comment by adamh posted on

      Tracy - when a will is recorded executors will be appointed as part of the probate process. The named executors can then either be registered on the legal title, which we administer, in their capacity as personal representatives; the title can be assented to the beneficiaries; or sold (transferred) to a third party as per any normal house sale - these are the three most common outcomes.

      If the title is to be sold and the proceeds split 3 ways then it is rare for the executors to register themselves and then to sell but it can happen.

      As such it seems clear that probate is required in order that the title can be dealt with, be that sold or otherwise. Whether it needs to be registered in the executors' names or not is not something we can advise on thoguh and I would recommend that you seek legal advice.

      You amy also wish to contact the Probate service re the will/probate aspects and the GOV.UK online guidance explains this aspect in more detail for you - https://www.gov.uk/wills-probate-inheritance

      Reply
  23. Comment by Adnse posted on

    My ex husband dies 2 years ago, he had remarried a few months before his death. As his wife never approached us we presumed no will had been left. I have just found out that he did leave a will & that my daughter (his daughter) was named in the will to receive 25% of his estate. As his estate is his property, can his wife be made to sell or re-mortgage to pay our daughter her share. Also are we too late being over 2 Years to do anything ?

    Reply
    • Replies to Adnse>

      Comment by adamh posted on

      Adnse - the reading and enforcement of the will and how the estate is divided is not something we would deal with I'm afraid so we cannot really help here.
      In my experience the executor(s) as named in any probate are legally obliged to carry out the deceased's wishes, namely deal with the estate in accordance with the recorded will etc. If that has not happened then the issue would be a matter of probate law rather than property law and I would recommend seeking legal advice. The issue of 2 years being 'out of time' can then also be raised.
      From our perspective we would deal with any end result regarding the property, such as a Transfer of the legal title (property) itself for example. We would not be involved in how such a Transfer had been arrived at though.

      Reply
  24. Comment by Alex posted on

    Is it possible to exchange conditional contracts for the sale of a property prior to the grant of probate being issued (the condition being the issue of the grant of probate)?
    Thank you

    Reply
    • Replies to Alex>

      Comment by adamh posted on

      Alex - this is not something we are involved in or can advise on I'm afraid as it is part of the conveyancing process rather than the registration one.
      May be worth seeking legal advice or trying an online public forum to see if anyone can advise

      Reply
  25. Comment by SuzieM posted on

    I am the executor for my late Grandmother. She was the sole owner of her property and has left it in entirety to me. Form AS1, section 9 refers to full and limited guarantee. What is the difference between the two?

    Reply
  26. Comment by michelle posted on

    my father died 18 months ago and my younger brother is handling all the legals im starting to think he will try to keep all the proceeds of my fathers house sale and property can you confirm i am entitled to a share of the proceeds as a surviving daughter

    Reply
    • Replies to michelle>

      Comment by adamh posted on

      Michelle - I'm afraid that is not something we can advise on as how the law views inheritance, wills etc is not something we are involved in.
      We deal with the registration of ownership so would simply record the sale and the new ownership as and when it happened. The recipt of the monies is handled by the buyer/seller and/or their conveyancers so I would suggest seeking legal advice to understand your legal position

      Reply
  27. Comment by Jason posted on

    Hi, My father died 2 years ago and the property he owned is to be transferred to my mother. From what I understand from the correspondence my mother has had from the executors solicitor the assent was signed in May 2104, it is now January 2015 and the first registration has not yet been applied for by the executors solicitor. My mother is unsure as to what is going on and wants to know is there a time limit for the registration to start and how long the application should take?
    She is anxious about this situation.
    Thanks

    Reply
    • Replies to Jason>

      Comment by adamh posted on

      Jason - whilst there is a notional time aspect of 2 months in which to aply for first registration this is not always adhered to in such cases simply because dealing with the deceased's estate can sometimes take several months. In my experience, based solely on customers' own comments, dealing with the estate takes on average between 6 to 9 months depending on the complexities involved.
      Once applied for the first registration, if in order, would currently take on average between 6/8 weeks.
      Whilst the length of time this appears to be taking does seem quite lengthy you are, with regards the property registration, reliant on the executors. If you are concerned that they are not carrying out their responsibilities though I would recommend that you seek legal/probate advice.

      Reply
  28. Comment by Christine posted on

    Hi Adam, my father recently passed away leaving a will with myself and sister being executors of the will My fathers wife left him 18 months ago.He and his wife owned a property as tenants in common owning 50 per cent each. His wife hasnt lived in the property since she left. My father left a will stating that all his money, properties etc be left to his 3 children. So in effect the 50 per cent of his house should come to his estate. I have rung probate and they say its not necessary to obtain this and told me to contact land registry, I did this and was told to see is estranged wife to sell the house, Can I ask when we do this, would we need to get the deeds changed to one of the executors name for dads 50 per cent to sell the house? Or as the share is now dads estate can we agree with his wife to sell the house and be able to then share when its sold
    Thank you
    Christine

    Reply
    • Replies to Christine>

      Comment by adamh posted on

      Christine - sorry to read of your loss.
      If I have understood correctly then the the legal title, which we deal with, can be dealt with by the surviving owner, namely his wife and without probate.
      If it is registered as tenants in common then she will need to appoint someone to act with her and to take receipt of the capital (sale) monies. This could be one or both of you as executors but it does not have to be from a registration perspective.
      This can be done at the same time as the sale or beforehand and I suspect the buyers might find it easier to complete if the title had already been updated so that there were joint owners again.
      In the circumstances and to protect everyone's interest/shares in the property I would recommend discussing it with a conveyancer/solicitor and the one handling any sale is probably the best placed to advise.

      Reply
      • Replies to adamh>

        Comment by Christine posted on

        Many thanks Adam for your help with this.
        Christine

        Reply
      • Replies to adamh>

        Comment by Christine posted on

        Hi Adam, thank you for this information, if the relationship between us and his wife is strained and she will not cooperate, would we be able to change dads name to one of ours, to ensure of our interest in the property or would going to probate also help with this. I have heard she can appoint anyone to sell property without us knowing? Is this true.

        Reply
        • Replies to Christine>

          Comment by adamh posted on

          Christine - in my experience any 'foerced' change would only occur if a court ordered that the ownership be changed.

          The interest, namely your late father's share in the legal title, is already protected on the register by virtue of the restriction (which I assume is registered), hence your referral to them holding it as tenants in common.

          As you appreciate the restriction prevents her from 'taking receipt of the capital monies' which arose from a sale. Hence the need to appoint someone to act with her on any such sale.

          Whilst this may appear to be of little protection it is really the law around wills and probate that would protect your late father's share and your interest. If for example she appointed someone to act with her and sold the property then your interest still exists and you would presumably be entitled to a share in the proceeds of sale.

          You will need legal advice to understand how the will and probate law come into play in such scenarios

          Reply
  29. Comment by Peter posted on

    Following the death of a relative I now have probate and need to transfer the property 75/25 to two individuals named in the will. The property is leasehold. Can I do this using form AP1?

    Reply
    • Replies to Peter>

      Comment by adamh posted on

      Peter - a form AP1 is the application form only so if you, as the executor, are transferring the property to the beneficiaries then you will also need to complete a form AS1 and provide evidence of identity for each beneficiary

      Our online guidance explains the process and registration requirements for you

      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
      • Replies to adamh>

        Comment by Peter posted on

        Thank you I will read through the guidance. Will it make a difference as I am executor as well as beneficiary?

        Reply
        • Replies to Peter>

          Comment by adamh posted on

          Peter - the only difference that will make is with regards the ID requirements. The executor(s) as named in the probate do not need to provide such evidence but any other parties do

          Reply
          • Replies to adamh>

            Comment by Peter posted on

            Thanks again, great service and swift response

          • Replies to Peter>

            Comment by Peter posted on

            having reviewed the existing register it contains a Notice of home rights under the Family law Act. This relates to the deceased's former wife. I assume this can and should be removed as it no longer applies following the divorce? Is there another form to do this and what evidence is required? Thank you.

          • Replies to Peter>

            Comment by adamh posted on

            Peter - form HR4 is used to cancel such a notice and whilst the evidence of divorce, copy of decree absolute, is sufficient so too is the death certificate and it is the latter that most would submit in such cases

          • Replies to adamh>

            Comment by Peter posted on

            Thanks again

  30. Comment by VampireEchidna posted on

    My mother passed away in December leaving a will. The instructions within the will permits me to buy her property within six months (after death). Question asked to me is who owns the property at the moment? I have the rights to buy but who am I buying from? The estate in question is split 50/50 in the will between myself and a relative. Would I be part owner of the property? There has been no probate by the executers and my her solicitor has advised me to source a mortgage first. it confuses me to who owns the property. Thanks

    Reply
    • Replies to VampireEchidna>

      Comment by adamh posted on

      VE - sorry to read of your loss on here
      The legal title rests with your late Mother's estate so once probate has been obtained then it is the executor(s) who are then able to deal with the legal title.
      If the proeprty is to be passed (not bought) to the beneficiaries under the will then the executor(s) would Assent the property to the beneficiaries.

      Reply
      • Replies to adamh>

        Comment by VampireEchidna posted on

        Thank you Adamh for the quick reply. My understanding from the solicitor is, the legal title wont be obtained until my mortgage on the property has been granted I don't understand if probate is required before the sale of the property to myself or once the funds are available. Do the executors have to place the property into their name before the property can be sold to me even though I have 50 percent share in the estate according to the will? Thank you.

        Reply
        • Replies to VampireEchidna>

          Comment by adamh posted on

          VE - no. It is rare for the executors to register themselves first. Obtaining probate and then dealing with the estate can on average take between 6-9 months to complete. Dealing with the transfer of ownership re the property is often just one part of what needs to be done.

          Reply
  31. Comment by Michael posted on

    I am currently dealing with a probate application for my fathers estate and have discovered that my father had not notified land registry of my mothers death four years ago hence the property is still registered in joint names. The terms of my late mothers will meant the ownership of their property passed solely to my father at the time. What is the process once i receive the probate grant with regard to selling the property or transferring it to my brother and i as joint beneficiaries? Probate grant was not required at the time for my mothers estate.

    Reply
    • Replies to Michael>

      Comment by adamh posted on

      Michael - based on what you have posted if the proeprty is to be sold then the seller's will need a copy of your Mother's death certificate and the probate for your Father.

      If you decide to transfer it to you and your brother as beneficiaries then the executor(s) would Assent (form AS1) it to you both. You would lodge the death certificate and probate with that application.
      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
    • Replies to Michael>

      Comment by Michael posted on

      Many thanks for your prompt reply and help, excellent service.

      Reply
  32. Comment by Puneet Agarwal posted on

    My uncles are living in a house which is financed from Awas Vikas in the name of my grandfather many years ago. It is still not registered in registrar office due to non submission of complete installaments. After my grandfather death, properthy division is done between all the brothers and this house came in the name of my father but my uncles are not leaving the house.We have all the documents but don't have the registry. My question is if anybody living in a house without having registry then any action can be taken by Awas Vikas? i would be thankful of you suggest me in this case.

    Reply
    • Replies to Puneet Agarwal>

      Comment by adamh posted on

      Puneet - from the details mentioned I suspect this does not relate to a property in England or Wales. If it does not then it would not be something we can comment on I'm afraid.

      Reply
      • Replies to adamh>

        Comment by Puneet Agarwal posted on

        Yes..This is the case of India...If u cud help

        Reply
        • Replies to Puneet Agarwal>

          Comment by adamh posted on

          Puneet - we cannot help with regards properties in India I'm afraid

          Reply
  33. Comment by Colin Smith posted on

    I am the executor of an estate and there is 50% of a house owned as tenants in common to be dispersed.
    The other 50% remains with the surviving partner. I aim to hold this in trust until the other party passes away, then disperse the whole house in one go.
    Do I need to register anything with yourselves?

    Reply
    • Replies to Colin Smith>

      Comment by adamh posted on

      Colin - I suspect not but you really require legal advice as you are dealing with the beneficial interest whilst we mainly deal with the legal title.
      I suspect the main issue will be confirming that the details you mention are actually recorded/set out in a Declaration of trust for example.
      If you wanted to register the beneficiary then the surviving owner would have to transfer ownership from the sole name to joint names

      Reply
  34. Comment by Simon posted on

    Hi Adam. I am in a similar situation to Colin below. My father recently died and I am one of three executors named in his will, the others being his partner and my sister. We have been granted probate and are in the process of administering his estate. He owned a 40% share in a property bought jointly, as tenants in common, with his partner. His will states that his partner may remain in the property until her death, after which it may be sold. There is no intention to sell the property at this stage. My sister and I are joint named benefactors of my father’s share in the property.

    We have taken legal advice which was to amend the register to include the names of the three executors as joint owners.

    Presumably we will need to submit form AS1 but could you please advise if any additional forms need to be submitted and what
    supporting documentation is required.

    Thanks.

    Reply
  35. Comment by Lisa posted on

    Hi Adam - We are buying a property which the previous occupant has deceased after living there for 45 years. She had no immediate family so had appointed an executor (local solicitor) and beneficiaries who live overseas. The executor (seller of the property) is also acting as solicitor for the sale of the property. We have been informed that he is refusing to complete the Property Information form and fixtures and fittings form as he has no knowledge of the property we are buying. Our solicitor has had to report an issue on the paperwork to our lender stating this. The property is also unregistered with the Land registry. Has the executor the right to object to completing these forms? Is it likely that our lender could refuse to loan us the money based on this? and also who is responsible for the fee to register the property with the Land Registry? Our solicitor has asked the other solicitor if they can provide an indemnity policy in relation to the historical covenants and also if they can provide an indemnity policy in relation to the copyhold notice in the deeds. If they don't provide these we will be asked to pay. Is this the same as paying for the property to be registered with the Land Registry or is this and additional fee to pay?
    Regards Lisa

    Reply
    • Replies to Lisa>

      Comment by adamh posted on

      Lisa - I can't help with all of the questions but will cover what I can

      Has the executor the right to object to completing these forms? - the forms you refer to are part of the conveyancing process but do not affect the registration aspects. Your own solicitor should be able to advise on this but as far as I am aware they are not compulsory.
      Is it likely that our lender could refuse to loan us the money based on this? - one for your lender really as they can vary in how they approach matters although they are perhaps unlikely to be concerned with what fixtures/fittings are included as it should not significantly affect the value of the property and it is that value which they are securing the loan against
      Who is responsible for the fee to register the property with the Land Registry? - the applicant pays the fees and as that is normally the buyer I imagine it would probably be you
      Our solicitor has asked the other solicitor if they can provide an indemnity policy in relation to the historical covenants and also if they can provide an indemnity policy in relation to the copyhold notice in the deeds. If they don't provide these we will be asked to pay. Is this the same as paying for the property to be registered with the Land Registry or is this and additional fee to pay? - they are additional fees to pay as you are insuring yourselves against certain events occurring
      These matters are in essence part of the conveyancing process and to some extent negotiable between seller/buyer. The difficulty you have with any such negotiations is that one party can always say No so the question of whether you continue or pull out then arises. Important to be aware of that as it works both ways for the seller and buyer.
      In my experience and where properties are unregistered the seller is sometimes encouraged to register the property first and then sell it. That tends to happen where the deeds have been lost but I assume the deeds exist hence your awareness of the covenants/copyhold.
      The difficulty you may face here is that the beneficiaries are overseas and the executor is the family solicitor. Neither will be too kean to register the property I suspect as a result.
      In the circumstances you must rely on your legal advice on all matters and discuss with him/her what parts may or may not be open to negotiation and where they suggest that they are, decide on how important they are and whether they are worth trying to negotiate over with the seller.

      Reply
      • Replies to adamh>

        Comment by Lisa posted on

        Thanks for your help Adam - It looks like we will foot the bill for the extra costs incurred ie indemnity's and land registration. Sometimes its quicker and less stress to just agree with these extras than try to fight with them. In the scale of things ie cost of the property it is relatively a small price to pay. Thanks again for your comments

        Reply
        • Replies to Lisa>

          Comment by adamh posted on

          Lisa - as you clearly recognise it's all a question of compromise on such things and in my experience if you want the property then such things tend to be less important in the bigger scheme of things. I hope eveything goes smootly for you.

          Reply
  36. Comment by Teresa posted on

    Our parent's passed away 2014 and left a transfer on death deed for us for their home and property. (their is no mortage) They did not leave a will or anything like that. We are ready to sell home and property. Does the property need to be survey before selling. Not sure what our steps should be from here?

    Reply
    • Replies to Teresa>

      Comment by adamh posted on

      Teresa - I'm not too sure I understand as a survey is something quite separate from registration with us and I have not head of a 'transfer on death deed'?
      If your parents owned a registered property in England or Wales and they have passed away then you may find you need to apply for letters of administration (LA) via the probate service. LAs are essentially a probate for those where no will was recorded.
      Once obtained the executor can then sell the property
      If you are unsure as to how to proceed then I would suggest seeking legal advice as I assume you will be using a conveyancer to handle the sale anyway

      Reply
  37. Comment by Amar posted on

    I don't know anything about inheritance, law or property. When my Grand dad past away, my dad inherited his property. but the property is still in my grand dad name. my dad never transfer the property into his name,
    My question is: can my dad sell or give someone this property without transferring it to himself first.

    Reply
    • Replies to Amar>

      Comment by adamh posted on

      Amar - if it is still in your grand dad's sole name then someone would have to have probate in order to sell the property.
      The probate names an executor who would normally then either assent the property to the beneficiary or sell the property depending on the circumstances.
      So if your father is the executor then he can sell or give the property to someone else without registering himself first.
      If he is not the executor then the property would have to be registered in his name first.

      Reply
      • Replies to adamh>

        Comment by Amar posted on

        Thank you very much. You've been great help.

        Reply
      • Replies to adamh>

        Comment by Amar posted on

        Another question if your don't mind.
        My dad got married after my grand dad died and he's getting a divorce now. Can his wife claim the property?

        Reply
        • Replies to Amar>

          Comment by adamh posted on

          Amar - I'm afraid that's not something I can help with as whether she has a claim or not would be a legal matter relevant to the law around marriage.

          Reply
        • Replies to Amar>

          Comment by adamh posted on

          Amar - that's not something I can really advise you on as you would need to understand what rights she has as a wife in the eyes of the law.

          There are circumstances where for example she might register a right to live in the property but that would have to be explored with a solicitor as well in light of the fact that your father has not as yet registered his ownership

          https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996

          Reply
  38. Comment by Sarah Faulkner posted on

    Please can I ask, if the house is left to 3 children but the deceased wife is allowed to live rent free we were instructed to not bother getting probate or having it switched to our 3 names until the time came to wanting to sell. So the house at the moment is now in the deceased name nearly 3 years on, but can we somehow get buildings insurance? House is mortgage free. Thanks

    Reply
    • Replies to Sarah Faulkner>

      Comment by adamh posted on

      Sarah - that would be evry much up to the company offering the insurance I suspect.
      If they were to make a check as to the registered ownership presumably they would query this but again something for them to clarify.

      Reply
  39. Comment by Catherine Slatcher posted on

    Please can you advise.my mother passed away January 2014 we were joint owners as she drew up a deed of gift in 1987 stating that if one of us died it would pass to the other.the property is not registered as she bought it in 1983. I am now selling the property do I need to register it in my name.I do not live there.thank you.
    Catherine

    Reply
    • Replies to Catherine Slatcher>

      Comment by adamh posted on

      Catherine - that is likely to depend on how your buyer views the purchase and the evidence you have to prove that you can legally sell the property.
      I suspect the importance of the 'deed of gift' will be crucial here as to it's actual impact. If the deed of gift effectively changed the ownership from your Mother's sole name to your joint names then the ownership aspect may not be an issue for the buyer.
      If the deed of gift simply confirmed what would happen on your Mother's death and did not change the actual legal ownership then this may be more of an issue.
      As such I would strongly recommend confirming the legal position with a conveyancer/solicitor as we cannot advise you on that position as the property is unregistered.

      Reply
    • Replies to Catherine Slatcher>

      Comment by adamh posted on

      Catherine - that is likely to depend on the buyer's solicitor and whether the proof of ownership is sufficient for them to proceed.
      If the deed of gift transferred ownership from the sole name to joint names then this may be ok but as it is unregistered we would simply not know I'm afraid

      Reply
  40. Comment by Gemma posted on

    Hi,
    My husband was left his grandparents house in his grandmothers will (His grandfather died many years ago). We want to transfer the deeds into our name. Do we need a solicitor to do this or is it just a case of completing forms? Which forms would we need to complete? The house has no mortgage.
    Thanks

    Reply
    • Replies to Gemma>

      Comment by adamh posted on

      Gemma - if the property is registered then it may be simply a case of completing forms to change that aspect. We always recommend seeking legal advice though as dealing with the legal ownership may be just one aspect to be deal with following someone's death and the reading of any will.

      The executor, as named in the probate can Assent the property to the beneficiary as appropriate using a form AS1 and submitting an applicaiton to register along with the death certificate for the grandfather if he is still on the register and the probate for the grandmother.

      If the property is going to someone other than the beneficiary then the executor would complete a form TR1 instead.

      Our guidance on the AS1 is available online and I imagine this is what you will need

      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
  41. Comment by Nickib posted on

    My estranged father died a year ago and my Step mum died years ago. He never remarried. To date no will has been registered. His house was up for sale after his death (which I assume his Stepson organised) but it looks like it never sold as the board was removed and the garden is extremely overgrown. The land registry shows that 2 solicitors working from the same office own the property. This solicitors is miles away from the property. Could it be that they are looking after the property waiting for an eligible heir to claim as with no will I believe his stepson would not be able to make a claim as he was not officially adopted.

    Reply
    • Replies to Nickib>

      Comment by adamh posted on

      Nickib - there are two possibilities I suspect, the first that they were executors appointed to deal with the estate and for the reasons oyu have mentioned they registered themselves in that capacity. If the register refers to them as 'as personal representatives (or similar) to Mr X deceased' then that would explain it.
      The second is that they are registered in their own right as owners and if so then only they would probably know why that was the case.
      In either case I suspect you would need to contact them to establish an understanding of how or why they are registered and also what happens next?
      I'm afraid we would not have a record of the reasons on file as that is not a registration requirement.

      Reply
  42. Comment by Harold m posted on

    My father in law has died in Portugal and an international death certificate has been issued, on the rear of the certificate their are 8 different languages explain what each box means, one of the languages is English, so it is very easy translate,. We have been told that you will not accept the certificate unless it's fully translated into English! Not sure why you won't accept as everyone else in the uk has accepted the death certificate.

    Reply
    • Replies to Harold m>

      Comment by adamh posted on

      Harold - our practice has always been to insist on a translaiton where one is needed as invariably a death certificate issued in a foreign country where English (or one of it's variations) is not the norm needs to be understood.
      As you state though it seems odd that if an International Death certificate strives to cover the translation aspect then a separate translation should not be required.
      In the circumstances could I ask you to email us at customer.service@landregistry.gsi.gov.uk please and attach a scanned image of the certificate. I will then refer so that we can reconsider current practice. I or a colleague can then respond and advise as appropriate re the outcome.

      Reply
  43. Comment by JohnL posted on

    My mother passed away recently without leaving a will. Her house was owned as tenants in common in equal shares with my father. My father is to inherit the house as per the rules of instestacy. Please advise of the procedure we need to follow to ensure ownership is transferred fully to my father.

    Reply
    • Replies to JohnL>

      Comment by adamh posted on

      John - you would need to notify us of her death by lodging her death certificate or an official/certified copy of it.

      Form DJP can be completed and used to submit the death certificate

      https://www.gov.uk/government/publications/deceased-joint-proprietor-djp

      The tenants in common aspect is likely to be reflected on the register by what is known as a form A restriction whixh restricts a sole surviving proprietor. If you wish to now remove that restriction you would have to supply a completed form RX3 and supply the appropriate supporting evidence

      The form RX3 and guidance on what supporting evidence would be required is explained online

      https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants

      There is no fee payable for either application, they can be submitted at the same time and the address to submit them to is provided in the second piece of guidance

      Reply
      • Replies to adamh>

        Comment by JohnL posted on

        Thanks Adam, for your quick and detailed response. A statement of truth seems to be the easiest way forwards as it doesn't need to be sworn or witnessed.

        Having never written a statement of truth before I admit I'm confused as to the necessary structure of this document. Please could you advise of any content that is required in addition to that you have listed above.

        Reply
        • Replies to JohnL>

          Comment by adamh posted on

          John - the form is fairly straightforward re your details etc and to be honest the 'content' has to be your own statement to cover the facts as that is it's purpose.

          Do not try to over complicate it with too much detail but add the facts needed to cover each bullet point.

          Our PG6 section 7 may also be of assistance although it largely repeats what I have posted above

          https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

          The final paragraph explains how you should adjust the statement to fit the particular circumstances.
          If you remain unsure then I would suggest either contacting a solicitor, a will writer perhaps or even the CAB who may be able to assist. I am afraid we cannot tell you what to write as that is seen as providing legal advice.

          Reply
  44. Comment by ger posted on

    My aunt died 5 years ago who is the owner of a certain parcel land with a house, my father is staying in her house for more than 15 years already and there are no any legal papers transferred to my father except thru verbal. Can the other brother/sister have the right to own the parcel land and can this land be transferred directly into our name from the deceased's name.

    Reply
    • Replies to ger>

      Comment by adamh posted on

      ger - if the land/property was owned by your aunt only then the executor(s), as named in any probate, have the legal authority to then transfer the ownership.
      If it is registered then this could be to the beneficiaries by way of an Assent but if to anyone else then they would Transfer it.
      So it really comes down to confirming the probate details and your aunt's wishes; establishing whether your father has any rights to continue to live in the property; and then having any change in ownership registered.

      Reply
  45. Comment by Kay posted on

    Hi, my mother passed away in 2005 and my father passed away in 2012. Their property was owned in joint names and was left to my sister and I. My father had a will and we went through probate. I am living in the family home and want to buy my sister out of her share. Since my parents died we have not contacted the land registry. I have secured a mortgage, but what forms do I need to complete?
    many thanks

    Reply
    • Replies to Kay>

      Comment by adamh posted on

      Kay - if the property is registered then the executor as named in the probate for your Father should be able to Assent the property to the beneficiary or Transfer it to someone else depending on the circumstances and what is required.

      I suspect the main issue is how you 'buy' your sister's share and we cannot advise you on that as it is not a registration matter.
      In the circumstances I would recommend seeking some legla/financial advice as to how best to proceed re that issue as that should help you to decide how to change the registered ownership with us and the form to use/application to make.

      Reply
  46. Comment by Carol Hughes posted on

    Hi
    I owned a property as 'tenants in common' with my sister who has now deceased. She left a will naming me as her sole executor and beneficiary. I have obtained a deed of probate. what do I need to do now to register the property in my sole name?

    Reply
  47. Comment by Carol Hughes posted on

    HI . My sister died in sept 2014 leaving a will. I am her sole executor and beneficiary and a deed of probate has been granted. We own a property as 'tenants in common'. how do I get her name removed from the deeds so the property is registered in my sole name?

    Reply
  48. Comment by mowzie posted on

    I am executor and sole beneficiary of my mother estate...she left a will..and the house deeds ...a small amount of money ..which has been transferred too me to pay funeral expenses ,,after everything has been aid there is about £4000 left ....why do I need Probate ...a solicitor would charge what is left in the account or more ...can I not just have my name put on the house deeds ...as it has been left as my sole property

    Reply
    • Replies to mowzie>

      Comment by adamh posted on

      Mowzie - probate is always required in such circumstances as you need to have the legal right to deal with the estate, whether that is money or posessions or in this case property. Whilst you may not need it for money/possessions you will if you want to transfer the property.

      https://www.gov.uk/wills-probate-inheritance/overview
      It is a legal requirement which is then applied to the land registration process as a result

      Reply
  49. Comment by Justin posted on

    Hi Adam,
    I am applying for Probate as my Mother left her house in her will for my brother and I. To get the house transferred into our names, what forms do I need to complete with yourselves, and do I need to go via any solicitors to have the deeds updated, or is it done just via yourselves ? Also can you confirm the cost involved for transferring over the property into our names ?
    Many thanks
    Justin

    Reply
    • Replies to Justin>

      Comment by adamh posted on

      Justin - the guidance and the links to our forms are available in the blog article.
      If the property is passing to the beneficiaries then the executor would assent it to them using forms AP1, AS1 and an ID1 for anyone other than the executor
      The registration fee is payable under scale 2 of the Fee Order on the current market value of the property

      Reply
  50. Comment by Carol Hughes posted on

    HI .I posted this a day ago and have not received a reply so I'm posting it again
    Thanks
    My sister died in sept 2014 leaving a will. I am her sole executor and beneficiary and a deed of probate has been granted. We own a property as 'tenants in common'. how do I get her name removed from the deeds so the property is registered in my sole name?

    Reply
  51. Comment by Bernadette Mary Fitton posted on

    hI, my dad died recently. My mum and dad owned their house as joint tenants. In my dad's Will he leaves his share in the house in Trust. I am assuming we need to reflect the change in ownership of the house as 50% now belongs to my mum and 50% to the trust?? Can you advise?
    Thanks

    Reply
  52. Comment by Jayne posted on

    My father died in October and sadly my relations with my step mother have proken down. The will and post nuptial both state that my fathers half of the house will be inherited by my sons when my step mother either re marries / sells / dies. I am executor of the will and i have been granted probate. My father and step mother were tennants in common. How do i go about notifying Land registry that my father is dead and that half the property will be my sons?

    Reply
    • Replies to Jayne>

      Comment by adamh posted on

      Jayne - you can notify us of the death using a form DJP and enclosing an official/certofoed copy of the death certificate.

      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      Gowever if the property is in joint names then any transfer of the ownership to reflect the other changes would have to be comepleted by the surviving owner. She would in effect transfer ownership to herself and your sons in this example.
      In the circumstances I would recommend seeking legal advice to understand how your sons' interests may already be protected and what options are available to you as well as what your step mother may or may not be able to do re the property.

      Reply
  53. Comment by Caroline posted on

    Good Afternoon Adam, my mother recently passed away and has left the house jointly to my brother and I. It's still registered to my father and mother, but he passed 12 years ago. Which forms would I need to transfer it to my brother and I names, as 50% each?

    Reply
    • Replies to Caroline>

      Comment by adamh posted on

      Caroline - the executor(s) would assent (form AS1) the property to the beneficiaries

      The form and guidance on submitting the application are available on our website

      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      You would need to lodge the death certificate for your late father and probate for your mother. We would also need form ID1 completed for anyone other than the named executor(s).

      Reply
  54. Comment by Michael posted on

    Hi
    My grandmother passed away last year leaving a house with a 40% share to my mother and 20% each to her three children of which I am one. It has been agreed that I will take ownership of the house after buying out my sister and brother and obtain a small mortgage to pay off my mothers share. Is it easy for her to transfer the property to me as she will have probate?
    Thanks
    Mike

    Reply
  55. Comment by janet posted on

    My father died without making a will he has been divorced for 17 yrs and his wifes name is still on the title deeds he never saw her after the divorce and had been paying the mortgage himself for the past 17 yrs he wanted me to inherit the house but his x wife has said the house is transfered automatically to her and she is selling it and keeping all money raised from it can she do this as its not what my father wanted. (Just for the record she isnt my mum my dad was married previously she was my step mum) any advice wojld be appreciated thank you.

    Reply
  56. Comment by Natalie posted on

    Hi

    My farther passed away in June and I have been trying to deal with the estate, I have obtained the letters of probate and am now the administrator of the estate as well as the benefactor.

    I am emigrating in 5-6 weeks and the only thing left to sort is the house, as we are looking to simply sell the house ASAP would a TR1 form cover this and is the application made once there is a potential buyer?

    Thanks
    Natalie

    Reply
    • Replies to Natalie>

      Comment by adamh posted on

      Natalie - probate enables you to sell/transfer the house so if you have a buyer then they would complete the registration process using a form TR1.
      You would need to provide them with an official/certified copy of the probate to confirm your authority to deal with the property

      Reply
  57. Comment by janet posted on

    My father died without making a will he wanted me to inherit his house but my step mum is still on the title deeds although they have been divorced for 17 years and she has made no contribution to the mortgage in this time & not been in contact with my father in the yrs since their divorce she now informs me the deeds have automatically been transfered to her she intends to sell the house asap and keep all the money from the house. Am I not entitled to a 50% share of the house as my father wanted please advise thank you

    Reply
    • Replies to janet>

      Comment by adamh posted on

      Janet - if the house was in their joint names then she may be able to sell depending on the circumstances.
      You need legal advice though to understand what rights you (or indeed she) may have.
      Our guidance on joint property ownership explains how sometimes owners can 'sever their joint tenancy' when they wish to leave their share for example to someone else.
      https://www.gov.uk/joint-property-ownership

      This may have a bearing on your circumstances but you should still seek legal advice

      Reply
      • Replies to adamh>

        Comment by janet posted on

        Hi adam, thanks for the quick reply. My dad has been seperated for 23 yrs and divorced for 17yrs she was not financially dependant on my father she is living or married to a new partner for at least 10 yrs does this not have any impact on her being able to sell tge house, thanks in advance.

        Reply
        • Replies to janet>

          Comment by adamh posted on

          Janet - the law around inheritance is not something we deal with. We deal with the end result, such as the property being sold or given to the next of kin for example.
          You will need legal advice to understand what you may or may not be entitled to

          Reply
          • Replies to adamh>

            Comment by janet posted on

            Ok thanks for your advice im seeking legal advice and will let you know the outcome, janet.

          • Replies to janet>

            Comment by janet posted on

            Hi I have taken legal advice and im informed the house does indeed pass over to my step mum but I can claim for the equity of the house because she hasnt contributed in 22 yrs to the house im not sure what this will entail at the min but fingers crossed she wont walk away with everything. Thanks for your advice.

          • Replies to janet>

            Comment by adamh posted on

            Janet - thanks for letting us know.
            If she intends to sell and you are then able to pursue a share of the monies made (equity) then your solicitor can advise on how to proceed.
            If she does not sell then your solicitor can then advise whether you are able to protect any interest in the equity in some way on the registered title.
            It all comes back to legala dvice I'm afraid.

  58. Comment by Michael posted on

    Hi
    My Grandmother passed away and left her mortgage free home in a 40% share to my mother and 20% share to her three children of which i am one. I aim to take on the house and can pay off my brother and sister and then get a mortgage to pay off my mother. My mother will get probate and I have reserved my right to probate. What does she need to do to transfer the deeds of the house in to my name as it has never been registered before since being built in 1959.
    Thanks
    mike

    Reply
    • Replies to Michael>

      Comment by adamh posted on

      Michael - if the executor is to transfer the property to one of the beneficiaries then this will trigger first registration.
      Our guidance on first registration is available here
      https://www.gov.uk/government/publications/first-registrations
      As the property is unregistered there are no [prescribed forms to use although many will use the forms available for dealing with registered land/property
      https://www.gov.uk/wills-probate-inheritance/property-and-bank-accounts

      Issues around wills/probate and how the estate (inc any property) is dealt with is not something we deal with directly so I would encourage you to seek legal advice/assistance. Your mortgage lender is likely in fact to insist that you use a solicitor/conveyance of course

      Reply
  59. Comment by Ian posted on

    I am the executor of my late mother's will. Which form do I use to register her property in my name? Thank you

    Reply
    • Replies to Ian>

      Comment by adamh posted on

      Ian - this is covered in the blog article and wider guidance is then linked to. It all really depends on the circumstances as to whether the property is registered or not and whether you are the executor and/or beneficiary.
      For example it if is registered and you are both the executor and beneficiary then you would register the property in your name by completing an Assent and then registering it.

      Reply
  60. Comment by Graham Lewis posted on

    My parents own their house as Tenants in Common. My mother died recently and I am the Executor of her will. My father continues to live in the house. Do I need to do anything to make my father sole owner of the house or can I leave all that until after his death when the house will be sold.

    Reply
  61. Comment by amber posted on

    I dont know if you can help, there is a old property, half demolished, but it belonged to my great aunt who had no children, how would i go about trying to claim ownership?

    Reply
    • Replies to amber>

      Comment by adamh posted on

      Amber - if you mean claim it on the basis that you are her next of kin for example then I would imagine that you will need to get legal advice around whether such a claim is valid.

      If she died a while back and intestate (no will and nor heirs) then the ownership may have past to the crown

      You would also need to try and prove that she was the legal owner as well if it is unregistered.

      In the circumstances I would suggest contacting a solicitor familair with probate law and intestacy to understand what you need to do in such circumstances

      The GOV.UK website may also offer some assistance

      https://www.gov.uk/wills-probate-inheritance

      Reply
  62. Comment by Nick posted on

    Our mother died 2011 leaving everything to my brother and I but 60/40 split in my favour (long Story). We would like to change this so that the split is 50/50 I need to register the property in both names what do I need to do. I believe a letter could be sufficient.

    Reply
    • Replies to Nick>

      Comment by adamh posted on

      Nick - if the property is still registered in your Mother's name then the executor(s) would need to assent (form AS1) the title to the beneficiaries.

      The form is linked to in our blog article and there are notes to assist with the completion of the forms needs and the application as well.

      The issue of shares can be covered on the form AS1 as well with regards how you wish to 'hold' the property.
      A letter re the change in shares aas left by your Mother and how you both wish to hold it now is not something we would need to see and it would not be sufficient to change the legal ownership.

      Reply
  63. Comment by Nathan Flynn posted on

    Hi, my grandma recently passed away and myself & my sister are due to jointly inherit her house. My father (the executor of the will) has obtained probate we now just need to change the land registry. How do we go about doing this? What specific form do we need to complete? Any help would be greatly appreciated!

    Reply
    • Replies to Nathan Flynn>

      Comment by adamh posted on

      Nathan - the change of ownership would be completed by the executor assenting the title to yhe beneficiaries - this is achieved by using a form AS1 which is then lodged under cover of the applicatio form AP1.
      We would also need completed forms ID1 for each of the beneficiaries.
      The forms and the process are explained and linked to in the blog article.

      We would also recommend that you seek legal advice to cover joint ownership from a both a current and future perspective both legally and financially.

      Reply
  64. Comment by Nick posted on

    Thank you so much that's really helpful.

    Reply
  65. Comment by John S posted on

    My mother's house was registered and was owned outright by her. She appointed me and my brother Executors and left her estate equally to us. We plan to keep the house and own it jointly. Can this transfer be done using standard Land Registry forms? I appreciate that that we will need to consider joint tenancy vs tenants in common, and that we may need legal advice on this.

    Reply
    • Replies to John S>

      Comment by adamh posted on

      John S - the executors would assent the property to the beneficiaries in this case using forms AS1 and AP1.

      The forms and guidance are all linked to from the Blog article

      Reply
  66. Comment by Caitlin posted on

    My grandfather has recently passed away and my grandmother is unsure of where the deeds to her house are, we have been to their bank and they have said that they do not have them and she is unsure of who their mortgage company was. Im not sure if Im asking in the right place but do you have any idea what she can do now?

    Reply
    • Replies to Caitlin>

      Comment by adamh posted on

      Caitlin - at this stage the key question is whether the property is registered or not. If it is then the deeds should not be required.
      I suspect though that it is unregistered and if so then our Practice Guide 2 explains how to apply for first registration in such circumstances.
      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      You may have to widen your research to include the solicitor who acred for them on the purchase for example as well but the guidance covers posisbilities of where to check as evidence that such efforts have been made to locate the deeds will be needed.

      Reply
      • Replies to adamh>

        Comment by Caitlin posted on

        Thank you for this information very helpful

        Reply
  67. Comment by Traceyp posted on

    Hi please could you advise. My mum and I were joint owners of our house where I lived with her and my family, I really don't know if I need to probable, im a bit lost.
    We have informed mortgage provider.
    There is no pr, but named my sister as next of kin on the will
    I have 2 siblings and my mum wrote an informal will leaving money to grandchildren and protecting me from a forced sale by either sibling as it's our family home.
    The mortgage letters from the bank are now in my name and pets rep of my mum. Would this be my sister who is next of kin?

    Sorry to try any summarise;
    Do I need to probate?
    Is my sister the pers rep of my mum now being

    I'm sure there is more but not sure if you can answer

    Thanks in advance.

    Reply
    • Replies to Traceyp>

      Comment by adamh posted on

      Traceyp - if the proeprty is in your joint names then probate should not be required as far as dealing with the registered title is concerned.
      Without probate nobody is deemed to be the personal representative.
      We do not deal with issues around the beneficial estate which covers any wills or next of kin I'm afraid so I would either try the GOV.UK online guidance or speak to a solicitor familiar with probate law or the CAB
      https://www.gov.uk/wills-probate-inheritance

      From a registered title perspective you can apply to update the register using a form AP1 and lodging a certified/official copy of the death certificate

      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

      Reply
      • Replies to adamh>

        Comment by Traceyp posted on

        Thank you that's put my mind at rest I thought I was breaking the law it's so confusing.
        Will I need to probate to sell?

        Reply
        • Replies to Traceyp>

          Comment by adamh posted on

          Traceyp - not if it is registered in your joint names then no.
          You may need to deal with any other aspect of her estate though so I would encourage you to do some mroe research or to seek advice as we deal with the legal title to the property only

          Reply
          • Replies to adamh>

            Comment by Traceyp posted on

  68. Comment by Tony posted on

    I am going to sell my mothers house as I have a power of attorney and on checking the deeds it is still in joint names with my father who died 17 years ago before I sell do I need to change the name to my mothers and if so will I need to use a solicitor

    Reply
    • Replies to Tony>

      Comment by adamh posted on

      Tony - the buyers will need a certified/official copy of the death certificate or probate for your late father.
      There is no need to update the register before selling

      Reply
      • Replies to adamh>

        Comment by Tony posted on

        I have discovered that the spelling of my mothers Middle name on the power of attorney has mistakenly been spelt wrong and is subsequently differnt to that on the title deed which is my mothers correct name ( Mabel rather than Mable ) my conveyancer is telling me that the land registry will not accept this ableit the address on the document is the same address that I am in the process of selling and was jointly owned by my parents for 50 plus years . I am unable to involve my mother who has dementia . Am I being incorrectly advised and or is there a reasonable solution

        Reply
        • Replies to Tony>

          Comment by adamh posted on

          Tony - every instance is trteated on merit and it is important to note that the power of attorney is a legal document and should therefore be accurate.

          This is especially important where you are seeking to sell the property as the buyer is relying on the legality of the documentation provided. As such the initial question is whether the buyer will accept the power of attorney as it stands?

          There may be circumstances where we might accept an application which included a conveyancer's certificate confirming the error and that the persons named are one and the same but we would not confirm such acceptance until an actual application was submitted.

          To my mind therefore the key questions to be answered here are will your buyer accept the situation and if they will not what options are available to you with regards obtaining a fresh power of attorney with the correct spelling? You would need legal advice to answer both questions I suspect

          Reply
  69. Comment by Alun Basten posted on

    Hi. My grandmother died 9 years ago, and left her house to her son, my uncle. He died recently and his will states that the house should go to my brother and me. Unfortunately, my uncle didn't register the house in his name, and it is still in my grandmother's name. I have both wills, so can prove the chain of inheritance. I have been granted probate over my uncle's estate. Would it be straightforward for me to register the house in my name (or my brother and I)? As we plan to sell the house, would we even need to register it in our names? Would it be OK for the buyer to register it on purchase given the chain of wills and that I have gained probate? Thanks

    Reply
    • Replies to Alun Basten>

      Comment by adamh posted on

      Alun - whether you choose to apply to update the register into your names now or sell the property is largely up to you but either way you will need to demonstrate how the legal title has passed from your late grandmother to you. Whilst the wills are evidential they are not something we or a buyer would see or consider. So it is important to show how the legal ownership of the property or the ability to deal with it has now passed to you - this is where probate law comes into play

      As such you may need to get legal advice around probate law to understand what is required or contact the Probate service for guidance

      For example did your uncle obtain probate for his Mother? If he didn't then you may be able to apply yourselves and the probate service can then consider both recorded wills. If you obtain probate for her then that would give you the legal authority to then sell the property or to register yourselves as the legal owners of you decide not to sell.

      Reply
  70. Comment by David Meggitt posted on

    I am executor and sole beneficiary of my deceased mother's flat which is registered and probate has been granted. I wish to transfer ownership into my own, sole name. Which forms do I use?

    Reply
    • Replies to David Meggitt>

      Comment by adamh posted on

      David - it would be an Assent using forms AP1 and AS1

      Reply
      • Replies to adamh>

        Comment by David Meggitt posted on

        Thank you, Adam... and the associated Guidance note covering completion of both looks good.

        Reply
        • Replies to David Meggitt>

          Comment by adamh posted on

          David - we have found that the forms can be a little tricky for some to complete so have tried to 'walk' people through them both with the guidance notes and the vidoe.
          I'm gald you find them helpful

          Reply
  71. Comment by officebuff posted on

    HI, Just need some clarification.

    If a husband passes away, having jointly owned the property with his wife, is probate needed to get the property solely into the wife's name or can the relevant land registry forms been completed without the need for probate? Would the same answer apply to both registered and unregistered property? If the husband solely owned the house and died without a will, then am i correct in assuming that probate will be needed to transfer the property to the spouse who inherits under the law of intestacy? Just need clarification of if probate is needed for any dealings with Land Registry in the examples given. Thank You.

    Reply
    • Replies to officebuff>

      Comment by adamh posted on

      Officebuff - if the property is registered in joint names then probate would not be required to update the register and remove the deceased's name.

      Our Practice Guide 6 explains what to do next.
      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      As you will appreciate we do not deal with unregistered land but placing the death certificate with the deeds would demonstrate how one of the joint owners has now died.

      The issues relevant to joint ownership tend to be whether they held the property as joint tenants or as tenants in common. The PG explains this to some degree but if you are unsure as to what is required then I would recommend seekign legal advice.

      Reply
      • Replies to adamh>

        Comment by officebuff posted on

        Thanks for the advice. Just one further point of clarification. So in my scenario, if the husband and wife jointly owned the property as tenants in common, the husband passes away without a will, then again, under the law of intestacy, the wife would inherit the husband's share. For land registry purposes, is probate needed to get the husband's share of the tenancy in common, transferred to the wife? Also, can you please address the scenerio if the husband soley owned the property and died without a will as per above. Thank You.

        Reply
  72. Comment by Debbie posted on

    Firstly thank you for for time on this site, my grandmother passed away my grandfather is still alive, and living in their house. The house is registered in both their names and tennancy in common. The house is willed to 4 people and worded that my grandfather can live in the house as long he wishes too. I think im right in thinking as its tennancy in common then isnt included in the probate forms?
    Main question is do we have to register the house in the 4 peoples names that will inherited when my grandfather no longer lives there?

    Reply
    • Replies to Debbie>

      Comment by adamh posted on

      Debbie - what happens next is largely up to your grandfather and the 4 beneficiaries.

      For example if the property, or legal title, aspect which we deal with is to be changed then your grandfather would need to transfer the title to the new names.

      There is no legal obligation to transfer the ownership as in many ways the beneficiaries' interests are protected by the form A restriction which I assume was registered to reflect the tenancy in common part you refer to.

      In such circumstances I would always recommend seeking legal/financial advice for everyone involved so that what happens in the future is covered in such a way as to protect all parties.

      Reply
  73. Comment by Alan posted on

    how can I tell if my registry is joint tenancy or tenancy in common

    Reply
  74. Comment by mary posted on

    what happens when the family home is taken over by one of the siblings on the death of the parent if this siblin dies does the other siblings have any right to the house

    Reply
    • Replies to mary>

      Comment by adamh posted on

      Mary - that's not somethign we would be able to advise on as we do not deal with the law around probate, wills and inheritance I'm afraid.
      The GOV.UK website does contain some advice but you might also want to seek legal advice as well
      https://www.gov.uk/wills-probate-inheritance

      Reply
      • Replies to adamh>

        Comment by Maureen Franks posted on

        Hello. My mother owns the house we both live in-I am her full time carer. She would like to gift me the house and change the title deeds to reflect this. There is no mortgage.

        Can this be done simply, without a solicitor, and if 'yes' what forms will we need to complete? Thank you. Maureen

        Reply
  75. Comment by Michelle S Phillips posted on

    My stepdad has recently passed away. We have just discovered that he was the only person named on the title deed on the house he and mum lived in. They were married and he had a will that passes everything to mum (which is basically just the house, mortgage free). What does mum need to do next? Does she have to get the house in her name? How would she go about doing it? Any advice much appreciated.

    Reply
    • Replies to Michelle S Phillips>

      Comment by adamh posted on

      Michelle - if it was registered in his sole name then someone needs to apply for probate and if it is to be put in Mum's name then they can Assent it to her using form AS1
      How to do this and the forms needed are linked to from the blog article

      Reply
  76. Comment by D.sunitha posted on

    My dad mum death my dad land property is one there in kerala India tat land document having my dad cousin brother they not giving document Wat to do I am complaint police station no any action still I'm struggling Wat to do I don't no

    Reply
    • Replies to D.sunitha>

      Comment by adamh posted on

      D Sunitha - I am afraid I do not understand your comment. If the land/property is in England or Wales then can you explain what the issue is in different terms please

      Reply
  77. Comment by supergran posted on

    what happens to the live in boyfriend of the deceased? he is not named in the will. do i need a court order to remove him? how long does this take? is he liable for bills accrued at the property in the interim

    Reply
    • Replies to supergran>

      Comment by adamh posted on

      supergran - not something we would deal with I'm afraid and you would need legal advice on what rights he or the next of kin might have

      Reply
  78. Comment by Yvette Whitehouse posted on

    I have inherited a property jointly with another beneficiary. The property is registered, without mortgage, tenants or other interests. I'm the PR and have grant of probate and wish to buy the other beneficiaries interests in the property so that I'm the sole owner. What forms/processes do I have to follow? is it Assent or Transfer?

    Reply
    • Replies to Yvette Whitehouse>

      Comment by adamh posted on

      Yvette - if the executor is transferring ownership to the beneficiary then it would be an Assent you would apply to register.

      Reply
  79. Comment by Nicholas Edwards posted on

    I have a complicated question. My mom passed away last November and had no will. She did however deEd the home to my grandmother. My grandma in turn deeded it to me in her will. My question is: can I pay on the mortgage and still have the home in the long run? I just want to make sure I'm not making 500$ payments and end up losing the house in the end. Any advice or answers are greatly appreciated.

    Reply
    • Replies to Nicholas Edwards>

      Comment by adamh posted on

      Nicholas - you would need legal advice on this

      Reply
  80. Comment by Jen posted on

    I know you don't advise on law, and we will seek legal advice anyway but I have questions which you may be able to help with.

    My mom and her partner split up 4 years ago. A somewhat unnofficial agreement was made where she would give up her joint ownership. Nothing too official was over done on her part apart from writing a letter of her intent which was supposedly given to a solicitor.

    We have now learnt of his passing and his family are in charge of his estate, already emptying the house. However we have looked on the land registry and she is still named.

    I guess I am trying to establish whether you would have had to have been notified at the time if ownership changed like that. If she is still on there after all this time, is the property classed as hers regardless? Or are there instances (forgive me if this is a stupid question) where you have not been updated and the name on the land registry is not actually the legal owner anymore?

    Hopefully you understand what I am trying to ask you.

    Reply
    • Replies to Jen>

      Comment by adamh posted on

      Jen - the agreement you refer to sounds as if it was intended to simply change how her beneficial ownership was to be dealt with rather than the legal ownership/title which is registered with us.

      if she is the sole registered owner then such matters may not always be referred to on the register. If anyone wishes to now deal with the property for example sell/mortgage it or transfer it to a beneficiary then they would have to apply for probate.

      The issues around the agreement, any will and inheritance would be quite separate matters although the executor named in the probate would have some responsibility for dealing with those as well.

      If there is a disagreement over such matters then it is best to get legal advice to underestand how the law would view those matter which relate to the beneficial ownership. The legal ownership is often easier to deal with.

      Reply
  81. Comment by SteveDee posted on

    Hi... I am named on the title deeds of my mother's house along with my deceased father. I have a brother who is not named on the deeds.My mother's will is split down the middle between myself and my brother but there isno mention of me being named on the title deeds of the house. When my mother does pass away will her will only cover the 2/3rds of the house that now belong to her (assuming that my fathers 'share' of the house went automatically to her? Meaning that I would still have my 1/3rd as well as half of the other other 2/3rds of my mothers... so I would end up with 2/3rds of the house... just worried about any arguments! Thanks.

    Reply
    • Replies to SteveDee>

      Comment by NimishP posted on

      Steve Dee - We record 'legal owner(s)' of the land / property on the Register of the Title. The Beneficial Ownership, including who owns what percentage or share of the property, is not something we have any involvement, and is not reflected on the title..

      Reply
  82. Comment by Ian posted on

    Hi Adam, my parents owned their house as tenants-in-common. Under my mother's Will, when she died last year her share of the house passed to my father so that he is now the sole owner. As her executor, can I simply complete and submit Form DJP (with copy of Probate) to Land Registry to remove her name from the register? Thanks!

    Reply
    • Replies to Ian>

      Comment by NimishP posted on

      HI Ian, I am responding to your query in the absence of my colleague.
      Submitting a form DJP accompanied with a copy Probate or Death Certificate will be sufficient to remove your mother's name from the Register of the Title.

      I would, however, suggest you also refer to our Practice Guide 6 - devolution on the death of a registered proprietor. [https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor#death-of-a-joint-proprietor-of-a-registered-estate-or-of-a-charge-or-mortgage]

      Considering your parents held the property as Tenants in Common, I would draw your attention to Section 6 in particular.

      Reply
      • Replies to NimishP>

        Comment by Ian posted on

        Hi Nimish, many thanks for your help. Have now read PG6 and will be sending in form DJP together with form RX3 (and accompanying statement of truth) to remove the Form A restriction. If I have missed anything perhaps you could let me know. Thanks again!

        Reply
        • Replies to Ian>

          Comment by adamh posted on

          Ian - if you are updating the register re the death and also applying to remove the restriction then it sounds as if you have covered everything - if there is anything else needed the caseeworker will contact you and advise though

          Reply
  83. Comment by Steph posted on

    Good Afternoon. A relative has passed some time ago and left his house to me as a beneficiary and I have to pay the IHT. The Executor has put their name on the deeds as the owner of the property and is trying to sell the house without asking if I can pay the IHT. I have been advised to fill out the RX1 form to lodge a restriction and enclose a copy of the will but I am unsure what to write. i have been told to refer to notes 9 but still unsure, My reasons are that I can pay the IHT and do not want the house sold. I cannot understand why the Executor has ben put as the absolute owner

    Reply
    • Replies to Steph>

      Comment by NimishP posted on

      Good Afternoon Steph - We cannot tell you what to enter on form RX1 as that would constitute as providing legal advice. As a government agency we have to remain impartial and can only assist you on procedural guidance. You should seek legal advice either from a solicitor or consult Citizens Advice.

      Reply
  84. Comment by Linda G posted on

    Hi Adam, what happens if my very elderly mother in law dies whilst the sale of her home is going through.Can it still proceed as normal if the executors of the will and the attorneys under an EPA are the same.The home has to be sold to pay for care home costs.The EPA is currently going through the registration process and a buyer has been found.Will the sale be held up or can it continue, not sure if this comes under your remit or is more for a legal team?Any information would be most helpful though. Many thanks.

    Reply
    • Replies to Linda G>

      Comment by adamh posted on

      Linda G - as you rightly suggest this is not something that we would be able to advise on as we deal with the end of the process once the sale is complete rather than how you might arrive there.
      Experience suggests that as she has sadly passed away then any dealings with the property would now be carried out by the executors under probate but legal advice should be able to advise on this

      Reply
  85. Comment by Russell Gill posted on

    Hi there....My wife passed away intestate at the end of January 2015. The house was in her name and we were married and living together. I now need to have the deed of the property transferred over to my name, but am at a loss as to how to achieve this.....Is there an info sheet or something that you could let me have access to in order for me to get this transfer done....
    My email is tanglefoot28@hotmail.com.....
    Many thanks for your time and any advice you could send my way....

    Russ Gill

    Reply
    • Replies to Russell Gill>

      Comment by adamh posted on

      Morning Russell - if she died intestate then I suspect you will need to contact the Probate Service and apply for letters of administration before assenting the property to yourself
      The blog article links you to the form AS1 and other forms required but it is the Probate service you should contact first

      Reply
      • Replies to adamh>

        Comment by Russell Gill posted on

        Hi Adamh...Thanks for you reply...I have applied for letters of authority, and am awaiting an appointment to swear my Oath....I have downloaded the AS1 form but when I have the Letters of Authority I will go ahead and fill in the AS1 on line.....Once again, many thanks for your help....

        Reply
        • Replies to Russell Gill>

          Comment by adamh posted on

          Hi Russell - don't forget that we only accept postal applications so please do read the guidance which accompanies forms AS1 and AP1 to ensure you get the submission correct

          Reply
  86. Comment by Anthony Fitzpatrick posted on

    Hi Adam
    Hopefully a straight forward question:
    Background.
    In the will of my late brother, I am the Executor of his estate, which comprises mainly of the value of his house (he was single with no wife/spouse or children).
    There is an outstanding mortgage which I will soon be paying of with the applicable bank.
    I am also the main beneficiary of the estate, along with 3 UK registered charities, who between them will receive 10% of my brothers estate.
    I have just received the approved Grant of Probate and will shortly be place my brothers house on the market to be sold.

    Question.
    As the executor and main beneficiary of my brothers will, which form do I need to complete - AS1 or TS1?

    Many thanks

    Reply
    • Replies to Anthony Fitzpatrick>

      Comment by adamh posted on

      Anthony - if the property is registered and you intend to sell then there may be need to register yourself as the legal owner before doing so.
      If you do wish to register yourself first then you would complete forms AP1 and AS1 as you would be assenting the property as the executor to yourself as the beneficiary.

      Reply
      • Replies to adamh>

        Comment by Anthony Fitzpatrick posted on

        Adam, Many thanks for your advice - much appreciated.

        Reply
  87. Comment by OscarZulu posted on

    Hi Adam. In trying to locate the owner of a piece of land adjacent to my property I discovered that the owner died around 6 or 7 years ago. I submitted a SIM request in February this year only to find that the land remains unregistered and that no records are held in respect of it. Local 'gossip' tells me that the land was left to the executor/trustee to deal with for the benefit of an unknown charity or charities. As the land remains unregistered, can I assume that, despite the passing of several years, the land remains in the hands of the executor/trustee or are there other possible scenarios to consider? Many thanks.

    Reply
    • Replies to OscarZulu>

      Comment by adamh posted on

      OscarZulu - that is probably a reasonable assumption provided of course it was indeed owned by the deceased.
      In such cases it is often 'ocal knowledge that counts but if the owner or their beneficiaries are unwilling to come forward it can be very difficult to get any confirmation as there would be no central record of ownership.

      I would suggest pursuing the issue of the deceased to see if probate or letters of administration has been granted

      Reply
      • Replies to adamh>

        Comment by OscarZulu posted on

        Thank you for your prompt response, Adam.
        The probate office will be my next port of call in the hope that there was a will/probate and some way to identify any executor/trustee. Thanks again.

        Reply
  88. Comment by peter posted on

    My wifes mother recently died and our house is in both my wifes name and her mothers name, it is paid off (no mortgage) my wifes stepfather has said it is just a case of contacting land registry to change over to my wifes name but there seems very little info about on this sort of thing

    Reply
  89. Comment by Jenny posted on

    Hello
    Myself and my sister were left my late mothers house, we have completed probate and now I wish to buy my sister out of her 50%share of the house I have a mortgage in principle but the mortgage company is stating the house is still showing in my late mothers name... do I need to have the names changed into mine and my sisters before I can buy her share and put the house then into my name or can this all be done when I buy her share?

    Reply
    • Replies to Jenny>

      Comment by adamh posted on

      Jenny - in order to mortgage the property you will need to update it and register yourself. In such circumstanecs it would be normal for the executor to assent the property to the beneficiary who can then mortgage it.

      Reply
      • Replies to adamh>

        Comment by Jenny posted on

        Thank you - I have sent off the completed documents that myself and my sister have signed to have the house transferred into my name - how long does this normally take as worried the mortgage offer may run out?

        Reply
  90. Comment by Paul posted on

    Hi Adam , My parents had mirrored wills and owned there house via tenants in common . When my father died three years ago in his will he left his share of the home to myself and my sister in trust (to use his nil rate allowance). When my father died my mother did not need to get probate as nothing was in my fathers sole name and she had no intention to move home, but she did not update the registry of his death . Now three years on my mother has suddenly died and my question is will there be any problems with probate or land registry if we want to eventually sell the home.

    Reply
    • Replies to Paul>

      Comment by adamh posted on

      Paul - there should be no issue with selling the property provided of course you have obtained probate for your late mother as well. I doubt if there would be an issue in applying for probate but you can check with the probate service on that point.

      A buyer would need to confirm with the seller that they had the legal right/ability to do so and the probates should provide such a confirmation and also the order in which your parents passed away.

      From the details provided the only issue that may arise would be the one involving the tenants in common aspect you refer to. That aspect may well bind you as well when you come to sell if you for example are the sole executor for your Mother. If you were then you would probably have to appoint someone else to act with you on the sale.
      Such an issue may be easily resolved by both you and your sister being named as joint executors and then selling.

      I should stress though that this is something you should get legal advice on. The registraiton requirements are just one aspect to consider here and legal advice can cover both that and the wider issues around the wills, probate and what happens next.

      Reply
  91. Comment by shamim akhtar posted on

    Hi I am wondering if you could help? My mother died 25 years ago at the time I was 14years old she left a will leaving her house to me ..after she died the will went missing my older brother took over the house I became homless. Its only last year when I gt copy of land registry to see it took him almost 5 years before his name was on the register as owner I also did a search to reveal no will was put forward and no probate order..he recently died of cancer im now confused can I get my mums house back or not?

    Reply
    • Replies to shamim akhtar>

      Comment by adamh posted on

      Shamim - I'm afraid we can't advise you on that as it really relates to the law surrounding inheritance, wills and probate rather than the ownership of the property.

      If he was registered as the legal owner then his executor would be able to deal with the property. Your issue appears to be as to how he acquired it and whether you can now legally challenge that ownership. That I suspect will depend on what evidence you can produce around the will and your Mother's intentions. That is though something only legal advice can help you with.

      Reply
  92. Comment by Paul posted on

    Thanks for that , so the fact that my mother didn't get probate when my father died three years ago is not a problem or do you say we would need to get probate for my father albeit three years later as well as for my mother now. Both myself and my sister are executors so I hope this is not a problem.

    Reply
    • Replies to Paul>

      Comment by adamh posted on

      Paul - the probate service should be able to advise but from purely a property perspective it is the later probate which will be key from a buyer's perspective along with a copy of the earlier death certificate for the other joint owner.

      Reply
  93. Comment by Paul posted on

    Many thanks for your help .

    Reply
  94. Comment by danwatson71 posted on

    Hi - can you help with a query please? My father died three years ago and left his property to me and my three siblings in his will. Recently we have decided to sell the property and realised that the property entry in the Land Registry is still in his name. Is it necessary for us to ensure the Land Registry entry is in our name before we sell it, or as executors of the estate, can the entry be transferred directly from our father's name to the purchaser's name upon sale of the property? Thanks a lot for any help.

    Reply
    • Replies to danwatson71>

      Comment by adamh posted on

      Hi Dan - if you have probate and he was the sole registered owner then that should enable the executor(s) to sell it without first registering themselves or the beneficiaries

      Reply
      • Replies to adamh>

        Comment by danwatson71 posted on

        Thanks a lot, that's good to know.

        Reply
  95. Comment by Pauline posted on

    I am executor of my mothers will, there are five siblings, my sister wants to buy
    the house, if the price is agreed can I sign the house over to her.

    Reply
    • Replies to Pauline>

      Comment by adamh posted on

      Pauline - as executor you have the legal authority to deal with the property so that should ok from a registration perspective.

      Reply
  96. Comment by Samantha Atkinson Kirman posted on

    My father passed away 2 years ago and he and my mother had mirrored wills. He named her as executor, however he left half of the property they live in to me. There is no need for probate as the house isn't worth that much. My mum wants to sell to an equity company. Unfortunately we didn't get round to making my half legal. What do I need to do to get my name as co-owner of the house?

    Reply
  97. Comment by mattihome posted on

    Hello Adam, my grandmother died just before christmas and a will has not been located.My mother and my late father purchased the house she lived in with a deed of trust in 1986 stating that they would pay the mortgage on the understanding that ownership transfers to them when my grandmother is no longer able to live at the property. Also it has been stated by the local council that the deed though in my grandmothers name is not deemed an asset. Would my mother still need to start Probate proceedings to clarify ownership of the property?

    Regards

    Matthew

    Reply
    • Replies to mattihome>

      Comment by adamh posted on

      Matthew - if the property is owned by them jointly then probate should not be requried but if in just your grandfather's name then it would be in order to register it in her name

      Reply
  98. Comment by Ivan Christon posted on

    Property with registered title is in joint names of husband and wife as tenants in common. The wife has died and her daughter (the executor) needs to transfer the mother's half share to her father, the survivng husband. Can you say what form is necessary for this transfer please.

    Reply
    • Replies to Ivan Christon>

      Comment by NimishP posted on

      The register of the title can be changed to reflect the wife's death by using form DJP and lodging an official copy of the Death Certificate or Probate as appropriate.

      The form A restriction, noted to reflect Tenants in Common status, can be applied for removal by completing a form RX2. Our online guidance, viewed by clicking on the link below, explains how to change the register to remove a form A restriction.
      https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants

      The forms and document should also be sent to our Citizen Centre

      Reply
      • Replies to NimishP>

        Comment by Ivan Christon posted on

        Very helpful reply, thank you.

        Reply
  99. Comment by kim posted on

    I HAVE A PROPBLEM HOP THERE IS SOME ONE WHO CAN EXPLAIN THIS DELEMA
    THERE IS A PROPERTY THAT IS IN FAMILY BUT WE HAVE RECIVED THE DEEDS TO FIND THAT IT WAS BROUGHT IN 2000 BY FAMILY FROM MY GRANDFATHER BUT HE PASSED IN 1975 AND THE SISTER IS TENNENT IN COMMON AND SHE HAS PASSED
    CONFUSED

    Reply
    • Replies to kim>

      Comment by NimishP posted on

      Kim - it would be difficult to establish what may have happened just from the information you have given. I suggest you contact us by email at customer.service@landregistry.gsi.gov.uk with details of the property concerned and your questions.

      Reply
  100. Comment by Kim Turner posted on

    My mother left her property to my brother & myself. My brother lives in Wales & has requested I buy his share, which I have agreed. I have the letters of administration. Do I have to go through a solictor to have the deeds changed in mine & my husbands name, also do I need a letter from my brother stating that he wants no stake in the property & showing that payment has been made to him. We are very close, no money has changed hands yet as I want it to be done correctly. Please could you advise what is best to do.
    Many thanks

    Reply
    • Replies to Kim Turner>

      Comment by NimishP posted on

      Kim - We do not stipulate that you must use the services of a solicitor. You can make an application to change the register yourself, as long as you are aware of what you are doing and the consequences. We can assist you with procedural matters but cannot help with legal advice.
      I am assuming the property is currently in your mother's sole name. If that is correct, then the person(s) named as the Executor on the Letter of Administration can transfer the property to whoever is intended to be the new legal owner.
      Apart from an official copy of the Letter of Administration, we will require a Transfer in form TR1, an application form AP1, and evidence of identity in form ID1 for anyone who is not legally represented. Please refer to the guidance on our website for more information - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      Reply
      • Replies to NimishP>

        Comment by Kim Turner posted on

        Thank you for your help, I think I will have a go at putting in through myself.

        Reply
  101. Comment by NimishP posted on

    Gillian - Could you email customer.service@landregistry.gsi.gov.uk with property details so that we can confirm the facts before answering your question.

    Reply
    • Replies to NimishP>

      Comment by Gillian White posted on

      I have downloaded the property title from the Land Registry records and it confirms my Dad as the sole owner so not sure what additional information you need.

      Reply
      • Replies to Gillian White>

        Comment by NimishP posted on

        Gillian - I was not sure if the property was registered at Land Registry, however you have confirmed that by indicating that you have downloaded the title register. In that situation, the register has to be changed if your mother needs to be shown as the legal owner of the property. Failure to do so may impact on her ability to deal with the property as she will not be able to prove that she is the legal owner.
        I am not sure why the Building Society advised there is no need to change the Register. I am also not sure what deeds the Building Society holds as since October 2003, when the new Land Registry Act came in force, paper deeds became obsolete. The Title Register is now held electronically by Land Registry.
        Hope this helps.

        Reply
        • Replies to NimishP>

          Comment by Gillian White posted on

          This is great thank you, I was a little confused by what the Building Society said! Thank you for confirming what I thought.

          Reply
  102. Comment by ibarellim posted on

    My Mother died 5 years ago without a will, I did probate and am PR and executor. I have not changed any details on the register!
    Is this major bad ? What should I do please?
    We are struggling to pay the mortgage and have a potential opportunity to have 2 small houses built in the large garden. This we hope will pay off the mortgage and allow us to renovate a lovely but rundown house as my Mother would of liked to do.
    I don't know what I need to do in regard to the name on the deeds, please could you assist?
    Many thanks.
    Kind regards.

    Reply
    • Replies to ibarellim>

      Comment by adamh posted on

      ibarellim - no, it's not major bad but if you want to deal with the property/land in the future thaen I would suggest registering it in the name(s) of the beneficiaries would be a good idea. To do this you would complete an assent using form AS1 as explained in this blog article.

      Reply
  103. Comment by Roger ferrett posted on

    Hi
    How is it possible to change proprietorship register? Is there a form?
    Thanks
    Roger

    Reply
    • Replies to Roger ferrett>

      Comment by adamh posted on

      Roger - if the change is as a result of someone's death then the blog article links you to the various forms used in such circumstances.
      For example form DJP is used to notify us of the death of a joint proprietor whilst a form AS1 is used by the executor to transfer ownership to the beneficiary.
      If after reading the blog article and linked guidance you are unsure as to what is required then you can use our online contact form to explain the precise circumstanecs and to get further advise aorund which forms are needed.
      http://landregistry.custhelp.com/app/contactus_general/

      Reply
  104. Comment by ibarellim posted on

    Thank you for that Adam, that's great , am relieved that you said that as I've been worried.
    I will take your advice and get that sorted.
    I pressume I can get the AS1 form easily. I will read through the blog better !
    Really great service I appreciate your reply immensely.
    Many thanks and kind regards.

    Reply
    • Replies to ibarellim>

      Comment by adamh posted on

      Ibarellim - the forms are easy to locate and I am sure they will not pose any problems for you.

      I always recommend that people also seek legal/financial advice as well as whilst completing forms and chenging the registered details can be quite straightforward it can also help to discuss and understand what options are available as well aas what may happen in the future re inheritance/wills and so on. These are not matters we deal with so it can help to take as wider view as possible and to cover off all possibilities

      Reply
  105. Comment by ibarellim posted on

    I have watched a bit of the video explaining how to fill in form AS1 and there is top advice too, I realise I am not executor but an administrator!
    I will follow your advice and get some legal assistance , I did probate myself so as to save money but I realise its worth saving up to get a solicitor!
    Tis tricky doing anything with little funds but not impossible, thank you for inspiring me.

    Reply
    • Replies to ibarellim>

      Comment by adamh posted on

      Ibarellim - the executor/administrator roles are essentially the same as the first is appointed where there is a recorded will and the second where there is not.

      Reply
  106. Comment by Roger ferrett posted on

    Thanks for the reply.
    The problem is we don't know the reason for the restriction. The restriction is:
    'No disposition by the sole proprietor of the registered estate under which capital money arises is to be registered unless authorized by order of the court'
    When my father died 7 years ago it appears theat land registry wasn't informed by the solicitor. If so would that explain the restriction being still there?
    Thanks
    Roger

    Reply
    • Replies to Roger ferrett>

      Comment by adamh posted on

      Roger - once registered the restriction remains in place until such time as it is either withdrawn/cancelled on application or a disposition, for example a sale, takes place which changes the actual ownership.

      If you are uncertain as to why the restriction was registered and/or what happened later then you cna Contact Us with the precise details and we can investigate our records for you. If there are documents available to confirm anything then we will advise and explain how to apply for them and at what cost

      http://landregistry.custhelp.com/app/contactus_general/

      Reply
  107. Comment by Kerry Ann morris posted on

    I just wanted some advice please

    I live with my partner of 5 years I moved in his mortgaed house 2 years ago we have 1 child together. He also have another son! If my partner was to die before my son was 18 would I be able to live in his share? As it states on the will any living spouse will inherit the house that would be paid in full with life cover!

    He seems to think the worst that could happen is I would have to pay rent to the other son as my son if my son is under 18 I would make desicions on his behalf but what right do I have to stop the other mother moving in?

    I don't want to be put on the mortgage just yet!

    Reply
    • Replies to Kerry Ann morris>

      Comment by adamh posted on

      Hi Kerry - this is not something we can advise you on I'm afraid so I would suggest you seek legal advice or try your local Citizens Advice Bureau.
      If you are looking for online help then you could try a public forum such as Money Saving Expert as well

      Reply
  108. Comment by Roger ferrett posted on

    Thanks Adam
    Actually I did fill in a 'contact us' form last Wednesday night. Unfortunately no answer yet. The site says it might take up to 5 days for a reply. So course everyone is in a rush but as the house buyer is breathing down our necks....
    Another complication is when my father died he left his half to his kids and grandchildren. My mother was allowed to stay of course. So is there a way to sell the house and have the restriction transferred to the new property? I suppose I'm wondering into legal advise now!:)
    Thanks
    Roger

    Reply
    • Replies to Roger ferrett>

      Comment by adamh posted on

      Roger - looks like they replied same day to your contact form on 5th March = have you checked your spam folder in case?

      If the house is registered in your Mother's sole name then she would need to appoint someone to act with her on any sale. Together they would take receipt of any sale monies and redistribute as appropriate.

      If this then meant buying another property and protecting the kids/grandchildren's interest then that is something to as you suggest discuss with a solicitor but it can be done.

      Reply
  109. Comment by Denise Guest posted on

    Hello Adam
    I wonder if you can advise me with regard to my parent's house. My father died 8 years and his will left his half of the house to me - but we did not register this at the land registry as my mother was still living in the property. My mother has now passed away and left the other half of the house to me. Do I have to register my father's death at the land registry before I can obtain probate on the whole house?
    Thank you

    Reply
    • Replies to Denise Guest>

      Comment by adamh posted on

      Hi Denise - there is no direct link between probate and the registered ownership of a property so you should apply for probate first and deal with the property second.

      If you are keeping the property then you would assent it as the executor to yourself as the beneficiary as explained in our guidance.

      When registering the assent you would provide certified or official copies of your father's death certificate and mother's probate.

      Reply
  110. Comment by sodi posted on

    hello, i am in nigeria and i have probate but my mum has a property in the uk. do i still need another probate from the uk ?

    Reply
    • Replies to sodi>

      Comment by adamh posted on

      sodi - much I suspect will depend on the circumstanecs as there may be instances where you can get a probate authorised/certified for use in the UK as well.
      We do not deal with probate so it might be prudent to ask the issuing authority in Nigeria for guidance or contact the British High Commission/Embassy perhaps?

      Reply
  111. Comment by Tracey Elliott posted on

    My father's partner ( they weren't married) died 12 years ago and in her will left her half of the property to her daughter, who went on the title deeds with my father. My father lives alone in the property. When my father dies, I am to go on the title deeds as a half owner too.
    All the above has been set up in legal documentation, which I checked out with my father and his Lawyer when he made me the executor of his will.
    My question is, does only half the value then, of my fathers house count at his estate? This is important for me to know as he has other saved money and the value of the whole house plus his savings would take him just over the £325k inheritance tax threshold, but if he only qualified for inheritance tax on half the value of the house he would stay well below the threshold.

    Reply
    • Replies to Tracey Elliott>

      Comment by adamh posted on

      T racey - that is not somethign we deal with so would not be able to advise you on it.

      We deal with the legal ownership rather than the beneficial one and matters around wills, inheritance tax and valuations of shares would eb soemthing to discuss with a solicitor.

      There are online forums such as Money Saving Expert which might also be of benefit as such matters are often discussed in public forums

      Reply
  112. Comment by NimishP posted on

    Norm - we are not involved in whatever arrangements may have existed in terms of beneficial ownership and shares in the property. You need to seek legal advice either from a solicitor or Citizens Advice on the matter.

    Reply
  113. Comment by NimishP posted on

    Stephen - This is not something we can assist you with. You need to seek legal advice and possibly speak to the lender. We as a government agency cannot assist on something that can be seen as 'legal advice'.

    Reply
  114. Comment by Julia posted on

    My mother passed away in June 2014 and we are now selling her bungalow. Do we need to pay land registry fees.

    Reply
    • Replies to Julia>

      Comment by adamh posted on

      Julia - if the property is registered then it is not always necessary to register the executoir/beneficiary if you intend to sell. The buyer would normally accept an official copy of the probate as proof of your ability to sell.
      Your conveyancer will be able to advise you on this

      Reply
  115. Comment by leo hurn posted on

    Hi I own three parcels of land all as half shares with my sister as tenants in common, in the event of my death I take it that the half shares I own will pass to my wife as requested in my will.

    Leo.

    Reply
    • Replies to leo hurn>

      Comment by adamh posted on

      Leo - we don't deal with the beneficial interest/shares or the reading and enforcement of will so you if you are unsure what may or may not happen re your shares on your death then I would suggest you get legal advice.

      Reply
  116. Comment by rpw002 posted on

    Hi, my wife and her parents jointly owned their property as they bought from the council they paid the interest and my wife paid for the endownment which was settled several years ago. The tennancy was changed to Tennants in Common but both my wife parents have passed away but she has been left the house in the will. She has written to the Land Registry and now she is only named person on the register but there is still clause 2 on there under the Title Absolute

    Can she still sell the property with this clause, or how can this be removed
    Many Thanks

    Ray

    in this conversation

    ⬇ Drag and drop your images here to upload them.

    Attach

    Reply
    • Replies to rpw002>

      Comment by NimishP posted on

      Hi rpw002 - I am assuming the clause you refer to is the restriction we would normally enter when property is registered as being owned by tenants in common. If that is so, it can be removed by your wife applying in form RX3 and providing evidence to state that she is the sole beneficial owner of the property. Please refer to our Practice Guide 6, in particular section 7, by clicking on the link below for further guidance.
      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor
      Hope this helps.

      Reply
      • Replies to NimishP>

        Comment by rpw002 posted on

        Hi Nimish Thanks for your reply, as she has already provided evidence to the Land Registry as she is now the only titled registered owner does she still need to complete the RX3 form.
        Many Thanks
        Ray

        Reply
        • Replies to rpw002>

          Comment by adamh posted on

          rpw002 - I suspect the evidence provided was to register the death of the joint owners but if she wishes to remove the restriciton then we will need a form RX3 and the required supporting evidence as mentioned in the guidance.

          Reply
  117. Comment by Judy♡ posted on

    my grandma passed away 5 years ago and a will was made to my mom that the property and house be left to her but she never got around to it after she passed and now the paper is useless( so says a cpa) and since I lived with my grandma i just continued living there without any problems with my mom and 2 uncles (both do not have kids) I recently bought the lot next to the property and im lost on what I can do to put it under my name. the house sits on 1/2 lot (25ft by 125ft) and I bought the other lot to complete 1 whole lot! (50ft by 125ft) both my uncles and mother have written notarized letters saying they leave me the house and property but I was told those were useless also

    Reply
    • Replies to Judy♡>

      Comment by adamh posted on

      Judy - you will need legal advice to unravel the issues faced around the will/probate and to establish who can now deal with the legal ownership of the property.

      If it is still registered in grandma's name then you may ened to reapply for probate for example.

      I am not too sure what the issue is re the 2 plots but if you unravel the probate issue then you may be able to resolve that also by registering both halves in the same name and then applying to amalgamate them

      Reply
  118. Comment by Smidgin Midgen posted on

    Greetings. I have a question I want to put to you all in the hope it could be answered. Background: Aunty passed away. 2 nephews were living and paying towards mortgage of their Aunt's property. Nephews are still paying the mortgage in the Aunty's name. No will was left. Grant of representation/Probate was given to the deceased's mother who we can refer to as G, by probate company Chorus Law. It was agreed by G that the house would go to the 2 nephews who were and still are living at the property. G instructed ChorusLaw to handle the estate and they did a deed of variation for that to happen. Chorus law contacted the nephews to inform them that in order to transfer the property into their names with Land registry for title deeds, that they would need to see a mortgage on property in the nephews name. The nephews went to get a mortgage, but were unable to, due to their low earnings. The nephews informed Chorus Law this information, and were told that the property title deeds would not be able to be transferred into Nephews names, as they were unable to get a mortgage.

    The nephews asked Chorus Law what they should do, as the deed of variation was made by G for the property to go to the two nephews names. What in the event the nephews wanted to sell the house? Chorus Law informed the nephews that this would not be possible, as the person named as having probate/Grant of representation is G, and only G could do this. The nephews Grandmother G, is old and is getting stressed out by the legalities. G wants the nephews to have the house. The nephews asked that if the only person who would be allowed to sell the house is G, then could we change the name of probate/Grand of representation to the two nephew's names. Chorus Law said that it is possible. The nephews then instructed Chorus Law to go ahead to do that. some days later Chorus Law contacted the nephews and said "We have discussed your request with our solicitors and they have confirmed that as a full Grant of Representation has been taken out in the name of G, the probate registry will not accept and agree to a further Grant application for the estate".

    I hope the above is not too vague. Nonetheless, I would like to know if there is any truth in what Chorus law have told the nephews. It would be very unfortunate that a house is left for them, but they are unable to claim it, with possibly the only choice being to instruct G to sell it on their behalf.

    Reply
    • Replies to Smidgin Midgen>

      Comment by adamh posted on

      Smidgen Midgen - we cannot advise you on probate law or how a deceased's estate is dealt with I'm afraid so you may wish to get somw wider legal advice or visit your local Citizen's Advice Bureau

      From a purely property perspective the Probate allows the executor to then deal with the legal title and either transfer it to the beneficiaries or to a third party as appropriate. If the property is to go to the beneficiaries then the executor would assent the title using form AS1 as explained in the article and linked guidance.

      I suspect the issue you have really relates to the existing mortgage and for whatever reason it has not come to an end when the borrower passed away . You mention a deed of variation and the nephews paying the mortgage still and I would suggest that you seek legal advice on what obligations the nephews are under re the mortgage.

      It is normally possible to assent the title and leave the existing mortgage in place as it is secured against the property.

      Wider legal advice is I'm afraid required as there are a number of issues to understand and resolve by the reading of things.

      If you are looking for wider public advice then you could try public forums such as Money Saving Expert as well but you will need to be clear re the mortgage/deed of variaiton aspect in particular

      Reply
  119. Comment by Byron Farr posted on

    Hi Adam can you enlighten me please as to who should pay for the first registration land registry fee, is it the buyer or the seller of the property
    Many thanks

    Reply
    • Replies to Byron Farr>

      Comment by adamh posted on

      Byron - that's a matter between the two really so no hard and fast rules apply.
      In the past a buyer would purchase the proeprty and then apply for registration. With unregistered properties becoming rarer that approach may have changed but it still remains a matter for the parties involved to agree.

      Reply
      • Replies to adamh>

        Comment by Byron Farr posted on

        Thank you Adam, the problem is that we agreed to sell the house 8k cheaper than what we were asking for so it would help the buyer to modernise the house, but now she wants us to pay for land registry or she withdraws for buying, cant please some people by the looks of things can we.

        Reply
        • Replies to Byron Farr>

          Comment by adamh posted on

          Byron - selling/buying tends to always be a matter of 'bargaining' and I guess it largely comes down to how much each party wants to sell/buy as to who pays for what etc

          Reply
  120. Comment by Andrew posted on

    Hi Two questions:
    1. If a couple own a property in joint tenancy and one passes away. Can the survivor transfer the property to someone else without first registering the property in their name?
    2. If a property is registered in one persons name, they are married and pass away does the property automatically transfer to their spouse on their death. Again can the surviving spouse transfer the propoerty to someone else without first having the property registered in their name?
    Thanks
    Andrew

    Reply
    • Replies to Andrew>

      Comment by adamh posted on

      Andrew
      1. If a couple own a property as joint tenants then they would both be registered. If one died then the survivor can transfer the ownership and produce evidence of the deceased owner's demise e.g. death certificate.

      2. We cannot advise on the issue around what rights the spouse may have in such circumstanecs so you should seek legal advice
      If there was a sole registered owner then probate would be required in order to sell the property, transfer it to a third party or indeed a beneficiary. So IF the spouse inherited then the executor as named in the probate could transfer the property to the spouse or sell it and then pass the proceeds of sale to the spouse as appropriate.

      Reply
  121. Comment by rosemary kay posted on

    my brother has got my mother to sign her house over to him she has since passed away can he do this/

    Reply
    • Replies to rosemary kay>

      Comment by adamh posted on

      Rosemary - transferring ownership is fairly straightforward so if she executed a transfer to him for example then it is posisble to do.
      If you are challenging how he persuaded her to do it then you would need legal advice

      Reply
  122. Comment by chrissie posted on

    I own a property jointly with my Mother. She died and I have just obtained probate. I have inherited her half, but I can't work out which form to use to notify the Land Registry. Please help

    Reply
    • Replies to chrissie>

      Comment by adamh posted on

      Chrissie - if the property was registered in your joint names as joint tenants then you need only inform us of her death using a form DJP and submitting the copy probate
      Our Practice Guide 6 explains this for you
      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      If you held the property as tenants in common then the guide also explains how to apply to remove the restriction from the title as well.

      Reply
      • Replies to adamh>

        Comment by chrissie posted on

        Thanks Adam, problem is I don't know if it joint or in common!! and the solicitor who dealt with it at the time isn't answering me

        Reply
        • Replies to chrissie>

          Comment by adamh posted on

          Chrissie - you would start with the register itself and then any paperwork from the time you both were registered.
          If you registered as tenants in common there would normally be a form A restriction registered after your names referring to 'no disposition by a sole proprietor'
          Whilst this is not the only source of such information it should offer a clue as to whether any other paperwork needs to be checked
          I am of course assuming that the property is registered with us

          Reply
          • Replies to adamh>

            Comment by chrissie posted on

            Thanks Adam
            Thank you for this. I just had a look at the forms and it seems as though it is all done on line but I don't have scanning facilities for the grant of probate so I need to post it all, is this ok or will it be really slow and what is the postal address

          • Replies to chrissie>

            Comment by adamh posted on

            Chrissie - I'm afraid you can only submit them by post currently and the address is shown here
            https://www.gov.uk/government/organisations/land-registry/about/access-and-opening#address-for-applications

            It should not be 'really slow' providing the applicaiton and supporting evidence are all in order.

  123. Comment by Pushpa posted on

    My father passed away last year and has left a will naming my mother as sole beneficiary. However their house was registered as tenants-in-common with my brother. I have obtained Probate, and would like to transfer my mother's half into her name, but am unsure of which forms I need to fill in, and whether or not I need a Title Deed (I don't have one)
    Any help appreciated.

    Reply
    • Replies to Pushpa>

      Comment by adamh posted on

      Pushpa - if the property was registered in joint names then the survivor whould have to Transfer ownership using forms AP1, TR1 and ID1 for each party as per our online guidance
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      You cannot transfer a half share so to get from a sole name to joint names your brother would transfer to himself and your mother.

      If the property is already registered then you would not need a title deed to achieve this.

      I would always recommend seeking legal advice as well to discuss the tenants in common aspect and how the property would be dealt with in the future if either your brother or mother were to also then pass away for example.

      Reply
  124. Comment by Gavin hunnisett posted on

    Hi my mums partner of 47 years has recently passed away the will gives everything to her including the house I beleive they are tenants in common how do I find out if this is correct and how do I transfer it to her they never married thanks Gavin

    Reply
  125. Comment by NimishP posted on

    Debbie - please refer to the guidance on our website titled "Update property records when someone dies" by clicking on the link - https://www.gov.uk/update-property-records-someone-dies. You should also refer to our Practice Guide 6: Devolution on the death of a registered proprietor https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

    Reply
  126. Comment by NimishP posted on

    Gavin - I have already answered to this in response to your previous question.
    If your mother is already named as one of the registered proprietor, all she needs to do is complete a form DJP and send it to us together with a certified copy of the Death Certificate or Probate. In order to remove the restriction as a result of tenants in common status, she will need complete a form RX3 and submit that with appropriate evidence to show that she is the sole beneficial owner and that no beneficial interest has been encumbered.

    Reply
  127. Comment by Tom Jackson posted on

    If my dad dies and his spouse leaves the country can I go to his house without her there or do I need permission. I am son not executor? There is no will.

    Reply
    • Replies to Tom Jackson>

      Comment by NimishP posted on

      Tom - this is not something we can help you with. We register ownership of land / property but have no involvement in access or occupation of them. You should seek legal advice on what you can or cannot do.

      Reply
  128. Comment by Karen Barker posted on

    My husbands first wife died 10 years ago and we would like to start a Transfer of Equity, to remove her name from the Title Deed and add mine. Will this transaction be subject to Stamp Duty? There is no mortgage on the property.

    Reply
  129. Comment by claire archer posted on

    HI , this is a bit complicated but when my grandfather died he left his half share of the house he owned with my grandmother to his two children (one being my father). My grandmother is still alive and lives in the property but my father died. My aunt who has a quarter share also took my fathers name off the land registry the next day. We now have been through the probate etc but how do i get both my name and my brothers registered against the property so that when my grandmother dies we get our share. Unfortunately my aunt fell out with my father some years ago and the family do not talk.
    thanks for your help

    Reply
    • Replies to claire archer>

      Comment by NimishP posted on

      Hi Claire - in order to add any names on the register we would require a transfer by the people currently named as the registered owners on the title. Considering the situation you have described, I would suggest you seek legal advice from a solicitor or Citizens Advice first.

      Reply
      • Replies to NimishP>

        Comment by claire archer posted on

        Hi Thanks for that , we have sought legal advice but all they suggest is us keep an eye on the property. My aunt will not allow us to register our names and we have been told that if we are unaware the property gets sold then there is not alot we can do, but surely if it is a legal document stating we have a share then something must be able to get registered somewhere? Surely if someone is registered and dies then normally there share goes to someone else anyway and as family's tend to fall out there must be a way around this so people get what is entitled to them. Thanks in advance

        Reply
        • Replies to claire archer>

          Comment by NimishP posted on

          Hi Claire - there are two different issues here - Legal and Beneficial Ownership. Land Registry only deals with legal ownership. We would not be aware of who has beneficial interest in the property. Those are matters that sit behind the scene. If you wish to claim your shares then you would have to go through the legal route by going through the Courts.

          Reply
          • Replies to NimishP>

            Comment by claire archer posted on

            Thank you, for your help i will speak again to our solicitors.

  130. Comment by joy posted on

    My mother died 2 years ago , leaving her home to me and my brothers. They live abroad and I am executor of the will, I have a grant of probate and wondered what form to use and what documents to send to the Land Registry to register the property in my name to make any eventual sale easier.

    Reply
    • Replies to joy>

      Comment by NimishP posted on

      Joy - if the property is registered at Land Registry in your mother's sole name, and it is being put in the name of the beneficiaries of her estate, i.e. an assent, you would apply to update the register using a form AS1. This would have to be accompanied by an certified or official copy of the Probate, and a fee calculated on Scale 2 of our fees order and based on current market value of the property. See our guidance - https://www.gov.uk/update-property-records-someone-dies

      Reply
  131. Comment by NimishP posted on

    Hi Anne - as the property is not registered, there is not much we can assist. Your solicitor should be able to explain you the risks and solution.

    Reply
  132. Comment by NimishP posted on

    Hello Sarah - You cannot assent half of the share. If the intention is for your brother to be the sole owner of the property, you both as executors of your mother's estate could transfer it to your brother.

    Reply
    • Replies to NimishP>

      Comment by Sarah Saunders posted on

      Thank you Nimish, My mother's will suggests we must share the assets equally -though I am happy to transfer the whole house to my brother if you think this would be acceptable?

      Reply
      • Replies to Sarah Saunders>

        Comment by adamh posted on

        Sarah - the legal expectaitons are that the executor will deal with the deceased's estate in accordance with the will.
        If that means that it was left to the two of you and you then agreed between yourselves that one of you would buy the other's share then that should be fine

        Reply
  133. Comment by NimishP posted on

    Chris - you should send the application to our Citizen Centre at the address given on our website - https://www.gov.uk/land-registry-address-for-applications

    Reply
  134. Comment by NimishP posted on

    Hello James - you should first confirm if the property is registered with us and whose name it is. If it is registered with us, then the deeds are held electronically by Land Registry. Please refer to the guidance on our website by clicking on the link attached on how to obtain this information - https://www.gov.uk/search-property-information-land-registry
    If the property is not registered at Land Registry, then I am afraid we would have no knowledge of who has the deeds. I would, however, suspect it would be with the lender.
    With regards to how to proceed further, it is for you as the executor of his estate to decide on what to do while consulting the beneficiaries. You could register the property in the name of the beneficiaries, retain it in your father-in-law's name but notify us of his death to prevent any property fraud and then transfer it to a purchaser when sold. I would suggest you refer to our Practice Guide 6, by clicking on the attached link, for guidance of your options - https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

    Reply
    • Replies to NimishP>

      Comment by james posted on

      Hello NimishP,
      Thank you for your reply, I have searched for the address and it says there is no price/value information available, so will this mean it is not registered with LR, and so will I need to make a first registration with LR and if so In whose name should it be in, myself, beneficiaries or my Father in Law ?
      Both beneficiaries wish to sell the property as soon as possible, so do we have to wait until it is registered in one of our names to sell the property?
      I have applied to the Building Society for the Mortgage to be put into the beneficiaries names so that they can carry on paying the Mortgage until the property is sold, when this transfer is completed will the Building society inform LR of the change of ownership?
      I also looked up the other guidance which I will need to read a few times more before I can understand it.
      I am currently waiting for a reply from the Lender regarding the mortgage and if they hold the Deeds to the property.
      Thank you again for all of your help during this complicated issue.

      Reply
      • Replies to james>

        Comment by NimishP posted on

        Hello James - would it be possible for you to email the property details to us at customer.service@landregistry.gsi.gov.uk?
        I would like to confirm if the property is registered or not before I responding, particularly because I would have thought the property would be registered as a result of there being a mortgage. .

        Reply
  135. Comment by NimishP posted on

    Promise Pate - If the property is registered at Land Registry in the name of the deceased person, then we would require a Probate (if there was a Will) or Letter of Administration (where there is no Will) appointing an Executor of the deceased owner's estate. In the event of a sale, the Executor would be able to transfer the property to the purchaser. A bill of sale is not something that would be accepted to change the register.

    Reply
  136. Comment by NimishP posted on

    Janet - I am assuming that the property is registered in your mother's sole name. If that is correct, they you should apply to assent the title to you and the other beneficiary using a form AS1, accompanied by form AP1 and a certified or official copy of the Probate. There is a fee payable based on Scale 2 of our fee order and calculated on the current market value of the property. Please refer the guidance on our website by clicking on the attached link - https://www.gov.uk/update-property-records-someone-dies

    Reply
    • Replies to NimishP>

      Comment by Janet posted on

      Nimish - Thank you for this useful info. Janet

      Reply
  137. Comment by Julia Field posted on

    Hi
    We are attempting to purchase a property owned by a Kuwaiti family. The property was owned by the father who has died and the family now wish to sell the UK property which was used as a holiday home. The family all live in Kuwait They have a legal representative who has provided some documentation to their UK solicitors which was subsequently sent on to our solicitor. We are advised by our solicitor that the Vendors solicitors do not have Grant of Probate/Letters of Administration who are adamant that they do not need to provide this as their client was not a UK resident, was not born in the UK and did not die in the UK. Our solicitor says that he cannot proceed to act for us without this and has suggested we find alternative solicitors for the purchase. I then contacted another firm of solicitors who have also advised that without UK Grant o Probate, the property will not be able to be sold. They advised that although the deceased was not from the UK, nor did he live in the UK, he had a UK asset which would fall under UK law. How do we go about getting over this issue? Or is it down to the vendors to obtain UK Grant of Probate to allow the property to be sold? We have already paid for a survey on the property and have a mortgage offer but are unable to proceed further at the present time. Your advice would be most welcome.
    Kind regards Julia

    Reply
    • Replies to Julia Field>

      Comment by adamh posted on

      Julia - from a registration perspective we would normally require porbate/letters of administration as your legal advisers have pointed out.
      The Vendor would need to prove that they can legally transfer the property to you so it is their responsibility to obtain the required legal evidence to support that.
      The fact that they were not born in the UK and did not die here is not the important point here. It is the fact that the property is that matters here.
      https://www.gov.uk/wills-probate-inheritance

      Reply
      • Replies to adamh>

        Comment by Julia Field posted on

        Thank you adamh for your prompt reply ! You have confirmed what two solicitors have now said and I think the ball is firmly in the court of the Vendors and their legal advisers. I am hoping they will now apply for GoP/LoA so that the sale of the property can proceed!!
        Thank you once again, brilliant service !!

        Reply
  138. Comment by sos posted on

    I am the executor of my mother's estate, and after recently being granted letters of administration I wish to, as sole benefactor, transfer the title deeds of her flat to myself. It is a leasehold flat, and was registered at the land registry when the mortgage was redeemed, in 2000.

    I assume I need forms AS1 and AP1, but I have a few questions.

    1 - With AS1's 'Title Guarantees', as far as I can tell I qualify to give the Full Guarantee, but is it there any reason not to give a Limited Guarantee, for less risk?

    2 - With AP1's 'Application, priority and fees' section, the only application should be entitled 'Assent'? And the fee, according to Scale 2 of the Fee Calculator (using the 'Assent - Registered Land' option) for a flat valued at £60K is £40?

    3 - As nothing has changed since the original registration, 'Disclosable overriding interests' can be left empty? (As far as i know nothing has changed since)

    4 - I assume Stamp Duty doesn't apply?
    5 - Can the register be amended if a mistake is later found?
    6 - Do I still need to get form AS1 signed in the presence of a witness?

    Sorry tor the number of questions!

    Reply
    • Replies to sos>

      Comment by adamh posted on

      SOS - forms AP1 and AS1 are the correct forms needed to transfer the ownership to the beneficiary

      1. I am afraid we cannot advise you as to how to complete the Full/Limited Guarantee aspect beyond what is explained in the completion notes which accompany the form. If you need additional advice then I would suggest speaking to a legal adviser.
      2 to 4 - Correct
      5 - invariably yes but much depends on the 'mistake' made
      6 - Yes

      Reply
      • Replies to adamh>

        Comment by sos posted on

        Thanks for the quick reply. By 'mistake' I meant an administrative mistake rather than fraudulent.

        One further question about form AP1, sections 12-14. As I am assenting the property to myself, should I leave these totally blank (as stated by the online guidance page), or fill it in with me as transferor and transferee (as suggested by the YouTube video)?

        Reply
        • Replies to sos>

          Comment by adamh posted on

          SOS - whatever the mistake it is treated on merit so not too sure what sort of adminstrative mistake you are referring to here.

          The online guidance page is relevant here as you are assenting/transferring to yourself. The video guidance seeks to cover the situation where the executor and beneficiary are not one and the same person

          Reply
          • Replies to adamh>

            Comment by sos posted on

            It's OK, I wasn't referring to anything, I'm just being overly cautious, I didn't mean anything by it 🙂

            Thanks for all of your help, the service has been excellent, I have all I need to complete the forms now.

          • Replies to sos>

            Comment by adamh posted on

            SOS - not a problem and glad we could help

  139. Comment by deborah posted on

    I am joint owner of a property with my mum and dad. My mum has recently died and my dad is resident in a nursing home. I have power of attorney over his financial and property affairs. With that power am I able to transfer the title into my sole name before my dad passes away?

    Reply
    • Replies to deborah>

      Comment by adamh posted on

      Deborah - whilst having a power of attorney may provide you with the legal authority to deal with your father's financial and property affairs you will need legal advice as to whether this can extend to you in effect completing a transfer for your own benefit.

      Whilst we may be able to register such a transfer, in effect from you as both joint owner and attorney to yourself much will depend on the type and wording of the power and how such an action would be viewed legally.

      In the circumstances I would suggest getting legal advice before proceeding

      Reply
  140. Comment by Annie posted on

    My parents were tenants in common, owning a property 50/50. My father died 8 months ago and my mother, sister and I are executors of his Will; probate has been granted. My father's half of the property is to go to my mother. Please can you advise me if the form required by the Land Registry is the DJP?
    Thank you.

    Reply
  141. Comment by Alicia posted on

    My mom inherited a house from her deceased husband, which has his name and grandfather's name on the house. She now has dementia. Don't know if we get children will inherit the house...a lot later...I'm her legal guardian...spoke with surrogate court...they informed me that I would basically have to hunt down relatives if we were to decide to sale, while my mother is still alive.

    Reply
    • Replies to Alicia>

      Comment by adamh posted on

      Alicia - I am uncertain as to what it is you are asking here but it sounds as if you will need to seek legal advice.
      As far as the property is concerned if the grandfather is still alive then the legal ownership is liekly to have passed to him although any share owned by your Mother's late husband and which has passed to her may be protected in some way. A solicitor will be able to advise on this for you.

      Reply
      • Replies to adamh>

        Comment by Alicia posted on

        Oh and yeah the grandfather is deceased too. Just wanted to know if I should hunt down relatives like the surrogate court suggested. I'm really just trying to find out to protect her because shes invested a lot into this property.

        Reply
        • Replies to Alicia>

          Comment by adamh posted on

          Alicia - there are two things to consider here I suspect. One being who has the legal authority to sell/deal with the property and the second being who the beneficiaries might be for example re the sale monies.
          These are two points we cannot advise on and I would strongly recommend seekign legal advice as a result.

          Reply
  142. Comment by Chris Haynes posted on

    My parents owned their house as tenants in common with each owning 50% of the property. In their wills, they each placed their share of the property in trust for their 3 sons. Sadly my father passed away a few years ago but my mother is still alive and living in the property. I have now been alerted that as my father's executor, there may be a requirement for me to notify LR. Is this correct? If yes, what is it that I should be telling you, and what is the process please?

    Reply
    • Replies to Chris Haynes>

      Comment by adamh posted on

      Chris - if the property was in their joint names then there are perhaps two aspects to consider.
      The first is notifying us of your father's death whilst the second is then considering what should now happen to protect the childrens' interests.

      Our online Practice Guide 6 explains how to notify us using form DJP and also explains how the tenants in common aspect might be dealt with.
      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      However I would recommend seeking legal advice as well as if for example you feel that the property should now be transferred into your Mother and the childrens' names then your Mother would need to transfer the ownership.

      Reply
  143. Comment by Mark posted on

    My Mother passed away on 26th December and has left her half of the property to my brother and I. The other half remains with my Step Father. What process do we need to follow to get the title of the property changed? Thank you for your help.

    Reply
  144. Comment by Tharin Trusler posted on

    Hi adam could u please help answer my question.

    Our granddad dies and he does the will which he give the house to my husband. We got probate. Now the question is
    - what should we do next? How to put my husband name on the house?
    - my husband would like to give the house to be my name. How can we do that?
    - how much all this gonna cost?

    Thank you very much
    tharin

    Reply
    • Replies to Tharin Trusler>

      Comment by adamh posted on

      Tharin - I would strongly recommend getting legal advice and assistance as to how to proceed and to ensure that you consider all the options available to you.

      Probate enables the executor to then deal with the legal ownership either by assenting it to the beneficiary or transferring it to a third party either through selling it or by way of gift.

      If your husband, as executor and beneficiary, wishes to transfer ownership to you then our online guidance explains how this can be done
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      Any application would have to also include an official/certified copy of the probate as well.

      I would though repeat the recommendation to seek legal advice

      Reply
  145. Comment by Mark posted on

    Thanks - The property was held as tenants in common and my Mother left her half to my Brother and I. we are led to believe that by presenting the Will and Death certificate that we can be registered on the property?

    Reply
    • Replies to Mark>

      Comment by adamh posted on

      Mark - presenting the death certificate is I'm afraid simply a means of confirming the death of the joint proprietor. We will rarely see any will as it deals with the beneficial ownership alone.

      To update the register to change the legal ownership you would need the surviving joint owner to transfer the title I'm afraid.

      Reply
  146. Comment by Mark posted on

    The property is Tenants in common not a joint tenancy. So surely on Death, the property will be 'gifted' to whoever is in the Will. ?
    If what you are saying is true, what happens if the other joint proprietor will not make the change >

    Reply
    • Replies to Mark>

      Comment by adamh posted on

      Mark - the legal and benefical ownerships are quite separate so whilst the 'share' can be gifted in any will the actual transfer of the legal ownership has to take place by way of a legal deed. This will invariably be a Transfer by the surviving owner.

      If you have any doubts as to whether I am telling the truth then I would suggest that you seek legala dvice. They will also be able to advise you on what legal options are available to you if the surviving owner will not make the change.

      Reply
  147. Comment by Mark posted on

    Thank you for your help

    Reply
  148. Comment by Sally Johnson posted on

    My grandad has died. Granny survives him. They severed their joint tenancy in 2000 to avoid care home fees. His Will appoints three executors/trustees-granny, my dad and my dad's cousin. The Will creates a Trust conferring a life interest for granny and grandad's share passes to the trustees ultimately my dad will inherit the lot.
    What do we need to do? Does Granny need to pass her share to the Trust so that the propwrty is owned by the three trustees?
    What forms do we need to fill in? Thanks.

    Reply
    • Replies to Sally Johnson>

      Comment by adamh posted on

      Sally - you will need legal advice to understand what options are available to each of you and how best to protect each person's interests.

      The legal title it seems now rests with Granny so any change to the legal ownership would most likely require her to Transfer the legal ownership.
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      If you chose to Transfer ownership as mentioned then the issue of how the proeprty is to be held as tenants in common or otherwise should also be discussed with a legal adviser

      Reply
      • Replies to adamh>

        Comment by Sally Johnson posted on

        Hi Adam

        Thanks for this, we will be content to leave ownership with Granny providing it doesn't affect the reason they severed it in the first place (she won't want to transfer anyway) so therefore do we just remove Grandad's name from the register? I will seek advice on the beneficial aspect of it as I expect there'll maybe a restriction to be entered? There is the Form A restriction already on the register.

        Sally.

        Reply
        • Replies to Sally Johnson>

          Comment by adamh posted on

          Sally - that's fine and yes I would suggest you apply to update the register re Grandad's demise. You can apply to do this using form DJP and our Practice Guide 6 explains this and offers some guidance on the form A aspect for you as well.

          The existing form A restriction indicates that there is an element of trust involved still so may be sufficient from a legal title/ownership perspective but it is important that you each consider how best to protect your own beneficial interests as well for example through a trust deed or similar although that may already be in place
          https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

          Reply
          • Replies to adamh>

            Comment by Sally Johnson posted on

            Thank you, there isn't a trust deed there's only the will, the will was made after the tenancy was severed though so it may be that it was felt that the Form A would suffice.

          • Replies to Sally Johnson>

            Comment by adamh posted on

            Sally - could be the case but still worth reconsidering with legal advice to ensure both the now and the future are covered

          • Replies to adamh>

            Comment by Sally Johnson posted on

            Yes will do. Thank you.

          • Replies to adamh>

            Comment by Sally Johnson posted on

            Hi Adam

            Do you think we could achieve what we need to do ie ensure Granny's share is the only share taken into account should she have to pay for care by filling DJP to remove Grandad's name from the Register but at the same time filling form JO reflecting joint owners as her and my dad? Effectively Granny has Grandad's half on trust with a life interest and my dad inherits the lot eventually. There is another trustee but it would be more practical to just put two names on the form JO. We cannot seem to work out which forms we need but surely it can't be that hard?!

            Thanks

            Sally.

          • Replies to Sally Johnson>

            Comment by adamh posted on

            Sally - you really need some legal advice here as form JO would not be applicable where you have a sole surviving owner I'm afraid.

            The existing form A restriction will remain on the register after the form DJP has been registered. As I mentione dpreviously deciding whether that is sufficient for all concerned is the point you then need to consider.

            As the register deals with the legal title and the trust deals with the beneficial ownership they are distinct considerations so should be approached in that way.

            I agree it should not be that hard but the focus should be on considering all the interests first and then whether they need protecting on the register be that through the current restriction or by some other means - this is where the wider legal advice is needed

          • Replies to adamh>

            Comment by Sally Johnson posted on

            Thank you once again Adam. I hadn't appreciated that about the Form JO. I have contacted a Solicitor who deals with trusts. Thanks again.

          • Replies to Sally Johnson>

            Comment by adamh posted on

            Sally - I think that is the best course of action here as they should be able to give you all a much better understanding of how the law sees such matters. The registration process is then one part of that wider view.

  149. Comment by Taylorme posted on

    How can I find out the value of a house in 1987? I cant seem to get back further than 1996

    Reply
    • Replies to Taylorme>

      Comment by adamh posted on

      Taylorme - our price paid/value recorded data only goes back as far as 1995 I'm afraid.
      As such it will probably come down to your own detective work to try and establish a roiugh idea of value for that period and you could try a local estate agent or neighbouring property owners as a starting point?

      Reply
  150. Comment by John C posted on

    A relative died earlier this year leaving a house to my sister and I in equal shares. I’m also the executor for the will and have recently obtained probate. The property is not registered. I have agreed to my sister buying my share and now wish to complete the procedure and would like confirmation of which forms etc my sister and I need to complete.

    1. My understanding is that I complete form AS1 and my sister completes form ID1 (My sister intends to visit a local LR office to verify her identity).

    2. Do the forms AS1 and ID1 need to be sent together and is any fee payable at this stage?

    3. I understand the AS1 assent form will trigger compulsory registration and my sister will need to register the property within 2 months, using form FR1 and DL. Or should we complete and send these forms together with the AS1 and ID1?

    4. What is your fee for registration when the value of the property is £260K?

    Thanks in anticipation.

    Reply
    • Replies to John C>

      Comment by adamh posted on

      John C - if the property is unregistered then as you state the assent will trigger first registration so the forms FR1 and DL (x2) would be used to sibmit the evidence of title along with the probate, As1 and ID form as appropriate.

      The fee is payable under scale 1 on the current market value - that is £270

      Our online guidance explains what is required when registering for the first time
      https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time

      If your sister intends to visit a local office to have her identity verified then she will need to make an appointment to do so. And the application will have to be submitted at the same time

      Reply
      • Replies to adamh>

        Comment by John C posted on

        Many thanks Adam for your quick reply.
        Is it acceptable for my sister to attend her local LR office with just the AS1 & ID1 forms and then subsequently register the property with the FR1 & DL forms or is best to do the whole thing in one go?

        Reply
        • Replies to John C>

          Comment by adamh posted on

          John C - it will need to all be done at the same time so when everything else is in place and completed she can then arrange an appointment.
          When she rings to make that appointment they will go through things with her to ensure she has everything - if the application cannot be submitted thjen we will not complete the ID verification I'm afraid

          Reply
          • Replies to adamh>

            Comment by John C posted on

            With reference to my original question and further to our subsequent discussion my sister has gathered together all the documents/evidence required for first registration including those forms you specified above. Today she telephoned her local LR office to arrange an appointment. She was advised that in addition to forms FR1, AS1, ID1 and DL they also require form TR1. Can you confirm that the TR1 is also required as it has not been mentioned before?

          • Replies to John C>

            Comment by adamh posted on

            John C - I am unclear as to why a TR1 (Transfer) would be required along with an AS1 (Assent)?

            As explained an Assent is used where the executor is transferring the property to a beneficiary. If the executor is transferring to someone other than a beneficiary then a form TR1 would be used to complete the transfer.

            From what you have posted here it would appear that an Assent is required. Unfortunately I do not know what conversation your sister had with the local office.

            If you can give me your sister's name and the date when she rang I can try to establish what details were provided and why?
            If easier then please email me at customer.service@landregistry.gsi.gov.uk with those same details plus the address of the property. If she has the name of the person she spoke to then that can assist also.

          • Replies to adamh>

            Comment by John C posted on

            Thanks Adam I will email you directly.

  151. Comment by Marg posted on

    My mum left me in her will her share of the house but I am told because the house is in joint names on the land registry it automatically goes to my brother is this correct?
    Also why did her solicitor let her make a will without checking this.

    Reply
    • Replies to Marg>

      Comment by NimishP posted on

      Marg - We cannot answer why the solicitor did or did not do something. Issues relating how two or more owners hold the land, i.e. joint tenants or tenants in common, is something that takes place behind the scenes and the Land Registry is not involved in that process.

      We would only reflect change to the way the property is held by entry of a restriction on the Proprietorship Register following an application by either or both parties.

      Reply
  152. Comment by Sally Ewin posted on

    I am executor of my father's estate. I have already received Probate. I wish to transfer the property into the joint names of myself and my husband. There is no consideration. 1. Do I use Form AS1. 2. Is there a fee payable. Do I need to supply ID with Form AP1?

    Reply
    • Replies to Sally Ewin>

      Comment by NimishP posted on

      Sally - If the property is only registered in your father's name, you would use form AS1 to register it into your joint names.

      The fee is calculated on Scale 2 of our Fees Order and based on the current market value of the property. See our Registration Service fee guide - https://www.gov.uk/government/publications/registration-services-fees

      As you are named as Executor on the Probate we do not require your evidence of identity. However, we would require a ID1 for your husband.

      Reply
  153. Comment by Lee Hunter posted on

    Hi
    I am currently administering my mother's estate.
    My mother and father own a hoouse as Tenants in Common. My father is still alive. My mother's Will passes her 50% of the house to me.
    What forms Will I need to complete and send in order to make the change?
    Thank you for your help

    Reply
  154. Comment by MOMO posted on

    MY DADDY DIED WITHOUT A WILL HOW DO I GO BY PUTTING HIS HOUSE IN MY NAME?

    Reply
  155. Comment by Gemma posted on

    Hiya. I'm trying to deal with a deceased person's property. He owned it as Tenants in Common and he died without leaving a Will. I've obtained a Grant. I want to register the property in the name of the other tenant in common owner and the personal representative (who is the deceased's wife). What forms do I need please? Or do I just send a copy of the Grant?

    Many thanks

    Reply
    • Replies to Gemma>

      Comment by adamh posted on

      Gemma - if I have understood correctly then the property is registered in their joint names. If that is so then you can notify us of his death by using a form DJP

      If there is a restriction on the title to protect the tenants in common aspect then this can be removed on application.

      Our Practice Guide 6 explains how to both notify us of the death and how to deal with the restriction referred to
      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      Reply
      • Replies to adamh>

        Comment by Gemma posted on

        Thanks for your reply. Yes, the property was owned as Tenants in Common. One of the owners has died, without a Will. The wife (who has given power of attorney to me to deal with the estate) wants her name put on the title instead of the deceased's so it will still be tenants in common with the other owner but will be the wife's name instead of the deceased's. Is that still a form DJP? Thanks

        Reply
  156. Comment by Lisa posted on

    A friend of mine, his mother died back in 1995 and her only son was the executor and has letters of administration. A property was left and my friend has done nothing with the property since probate was granted. The property is still registered on the Land Registry in his deceased mother's name. What forms would my friend need to fill out to have the property transferred into his name? Thanks in advance

    Reply
  157. Comment by Richard Jones posted on

    My dad recently past away and the family home was registered as tenants in common with my mother. He made out a will leaving his share of the property to a family trust . I am named as an Executor to the will along with my sister and mother. We have applied for grant of probate but are you able to clarify what forms we need to complete to notify the land registry of the position.
    Much appreciated

    Reply
  158. Comment by adamh posted on

    Lisa - the forms needed and guidance on how to complete the form and submit the application fee is explained online

    Reply
    • Replies to adamh>

      Comment by Lisa posted on

      Thank you Adam, you have been most helpful.

      Reply
  159. Comment by Debra posted on

    Hello, My Father has died and left half of the house to his children but had transferred half of the house to his partner and it was changed to Tenants in Common. We do not intend selling the property yet but need to know how we protect our half of the property so it cannot be sold without our agreement. Thank you

    Reply
    • Replies to Debra>

      Comment by adamh posted on

      Debra - you will need legal advice to understand how best to protect your interests.
      If there is a form A restriction on the title restricting the sole surviving owner then this is one means of protecting the interest as it indicates that there is a 'trust' behind the ownership.

      If the property was to be changed into joint names again then his surviving partner would need to complete the Transfer of ownership

      Reply
  160. Comment by coco51 posted on

    Do executors have to transfer the title to a property into their own names before selling it in accordance with terms of a will?

    My brother and sister, co-executors to my mothers will, in which we three have specified shares in 'the proceeds of sale of the house'.

    My brother and sister determined to keep the property as an investment to rent it out. (I was not given a choice of whether I wanted them to buy my share or be part of the rental venture). To date I have not received any money but I discovered that Title to the property was transferred into my brother and sister's names in May 2014. Furthermore upon transfer it appears they quoted a price below a market value suggested by Estate Agents (possibly to avoid stamp duty at a higher level).

    I am not sure if these actions amount to fraud, and/or if I will have to appoint a solicitor, but it would help to have an initial guide.

    Reply
    • Replies to coco51>

      Comment by adamh posted on

      coco51 - the executors can sell without first registering themselves in their capacity as personal representatives. If they do register themselves in that capacity then the entry on the register would refer accordingly.

      The alternative is either to Assent the proeprty to the beneficiaries by way of an Assent but that would not lead to a 'price paid' entry being made on the register. Or to transfer the title.

      The issue you have is whether as executors they have dealt with the estate in accordance with the will. If they have not then this is a matter of probate law rather than fraud and you should seek legal advice to see what legal challenge you can make to protect or recover your own interest in the estate as a named beneficiary.

      The registered details are likely to be relevant to establishing what has happened but ultimately it is the probate/will aspect that would be challenged.

      Reply
  161. Comment by NimishP posted on

    Bridgette - this is not something we can advise you. You need to seek legal advice, either from a solicitor or Citizens Advice.
    As a government agency, we cannot help you on anything that may be seen as legal advice.

    Reply
  162. Comment by Nick Pugh posted on

    Hi, I was wondering if anyone can help me as I'm at my watts end.
    My father passed away in 2007, and he left his house and it's contents to me. At the time though, his partner was allowed to stay in the house until she decided to cohabit (but that's another story)
    So skip to late last year and my dad's solicitor who is also in charge if his estate has said he needs to change the name on the deeds and register the property (which is worth £200k with no mortgage) into my name. He then didn't give me a bill for.this until the end of Feb, and was stated it would cost me £480. I give him the cheque 2 days later.
    I have not heard from him since and finally called him today to ask what was going on.
    He has bow informed me that the land registry weights it's charges on the value of the property and that it will cost more. So for the past month I have been waiting for this to be all completed, only to find out he hasn't even started. It sounds like he's trying to fleece me but I thought I'd see if anyone had any advice?
    Thanks

    Reply
    • Replies to Nick Pugh>

      Comment by adamh posted on

      Nick - this is a blog article which allows comments to be added but it is not a public forum to canvas advice on I'm afraid so I doubt if you will get anyone offering any advice other than us here at Land Registry.

      If the property is registered in your father's sole name then transferring the ownership would be completed by the executor to the beneficiary by way of an Assent (form AS1)
      Our online guidance explains how this is done and how the registration fee is assessed.
      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
  163. Comment by Jaxi64 posted on

    My Parents were married and owned their home for 50 years when my dad passed away. When their mortgage was taken out mum couldn't be joint owner because in 1964 you had to be over 21 and she wasn't. Dad passed away without a will & mum would like to make sure she leaves one, how does she leave the house in it if the paper deeds state it belongs to my dad? It has never been registered with the land registry.

    Many thanks in advance

    Reply
    • Replies to Jaxi64>

      Comment by adamh posted on

      Jaxi64 - if your father passed away in the last 12 years then the property passing to your Mother should have triggered the need to register the property for the first time.

      To do this she/you will need to apply for letters of administration from the Probate service. Letters of Administration are issued where there is no recorded will and enables the named administrator to then deal with the legal title/ownership.

      Once that authority has been obtained the administrator can then transfer the ownership to your Mother as the beneficiary by way of an Assent (form AS1).

      The Assent and title will need to be registered for the first time so we would also need the original deeds/documents of title to be lodged as well.

      Our online guidance on first registrations and Assents will assist but I would also recommend seekign legala dvice/assistance - if your Mother is also considering a will and what may happen next then that advice can cover the wider issues and the property ownership as well.

      https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time and

      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
      • Replies to adamh>

        Comment by Jaxi64 posted on

        thank you so much for your answer. I will start the ball rolling for her.
        Kind regards

        Reply
  164. Comment by Eric Sim posted on

    My wife passed away recently. We are joint owners of our residence. Where can I go to pick up a DJP form for completion and is there a Land Registry Office in Peterborough.

    Reply
  165. Comment by Storris posted on

    I've inherited a share of a property that is owned 'in common'.

    The probate was lengthy and complicated, but essentially, my interest in the property was shared with the deceased's spouse, whilst they were living. The spouse is also now deceased (nothing to do with me, honest!) and so the entire interest reverts to me as next-of-kin to the original estate.

    The various estates are all settled, but how do I know or ensure that my interests in the property are recognised?

    Reply
    • Replies to Storris>

      Comment by NimishP posted on

      Storris - Firstly it is not clear if the property is registered at Land Registry or not, and if it is who are the people named as the Registered Proprietors. This would help to answer your question about interests in the property.
      Secondly, though you indicate "various estates are all settled", it is not clear if who is the beneficiary of the deceased's spouse. As you indicate that the property was held as 'tenants in common' the wishes of the deceased spouse have to be considered.
      In theory, if the property is registered at Land Registry and you are one of the registered proprietors then your interest is protected on that basis.
      I would suggest you refer to our Practice Guide 6: Devolution on death of a registered proprietor by clicking on the attached link - https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

      Reply
      • Replies to NimishP>

        Comment by Storris posted on

        Thanks for the reply. I've since spoken to the estate solicitors and have had my queries answered to my satisfaction.

        But to flesh out a bit:

        The original estate was without a will, so beneficiaries were determined by probate, i.e the spouse recieved a share of the estate, plus a lifetime interest in my share.

        The spouse passed away before the original estate had been settled, and it was contested by beneficiaries of the spouse, that the spouse's interest in my share of the original estate, passed to them.

        The original estate was 'vacated', in 2008, and the souse passed on in 2011. In my conversation with the estate solicitors this morning I was told that I can expect the final act of title transfer to be completed next week!

        So a word of warning for readers: Make a Will & make sure the beneficiaries know who they are, what's in it and where it is.

        For executors, chase your solicitors until they finally complete the work they were paid to do.

        Reply
  166. Comment by Rebecca Whitehouse posted on

    Can anyone help me please. We have recently brought a house and moved in a couple of months ago. However we were informed by the previous owner that the lady next door had passes away in a nursing home, and the house was being sold by probate. The house has been unoccupied for months, and in the mean time it is now be commimg run down. With over grown gardens which are an eye saw, we have now had to replace the garden fences at our expense. I understand it maybe a difficult time for those involved, especially if it is a relative they have lost. However I have just had my guttering quoted for them to be cleaned, and was told our guttering down pipe is on the neighbours side, which would also need cleaning as it appears to be bloked with growth. Again to have it removed to prevent a blockage, will be at my expense, and while there is one in the house I dont entirely feel comfortable with going onto someone else's property. Is there anybody I could speak to that maybe able to help? Or allow me to contact people involved with the property? Obviously I am concerned other things may occur while the house is unoccupied. Any help would be appreciated. R.

    Reply
    • Replies to Rebecca Whitehouse>

      Comment by adamh posted on

      Rebecca - we won't have a record of who has applied for probate and if the estate is a complex one then obtaining probate can take as long as 6-9 months to finalise.
      You may be able to check with the Probate service to see if it has been given and if so to whom and you can then contact them directly

      Reply
  167. Comment by Eric Sim posted on

    I am looking at the DJP form and under box 3 Property Section, do I need to complete a DJP for each property. I have my residence and also a Garage which was purchased separately. Do I need to complete a DJP for each of the properties.

    Reply
    • Replies to Eric Sim>

      Comment by adamh posted on

      Eric - if the two titles were registered in the same joint names then one form should be sufficient to cover both titles

      Reply
  168. Comment by Michelle Parkes posted on

    My father has just died and I am administering the estate for my mother. They held their property as tenants in common. Once we have been granted probate do I just need to complete form DJP?

    Reply
  169. Comment by adamh posted on

    Michelle - I am sorry to read of your loss
    Form DJP can be used to update the register and our Practice Gudie 6 explains how to do this as well as covers some of the things to consider aorund the form A restriction as well if required
    https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

    Reply
  170. Comment by Maxine Haddleton posted on

    A friend's Mother's house is left jointly to her and her sister. She wishes to retain the property and "buy her sister out". Does they need to transfer the property to both of them in the first instance?

    Reply
    • Replies to Maxine Haddleton>

      Comment by adamh posted on

      Maxine - the executor(s) as named in the probate will normally deal with the estate and legal ownership in accordance with the deceased's wishes/will.

      As such they may assent the legal ownership to the beneficiaries as appropriate and in accordance with any arrangement they may make between themselves or sell to a third party.

      In your example the executor(s) would I suspect simply assent the legal title to the sister who at the same time is 'buying' the other beneficiary out

      Reply
  171. Comment by adamh posted on

    Nick - I assuem from your post that the property is unregistered. If it is then the property will need to be assented by the executor to the beneficiary and this will trigger first registration. The registration fee is based on the current market value of the property and payable under Scale 1 of the fee order..

    If the property is registered then the executor would still assent the property as above but the registration fee would be paid on the same value but under Scale 2 of the fee order.

    Our web pages explain how to apply for a first registration and how to complete an assent as well.

    https://www.gov.uk/government/publications/first-registrations
    https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor and
    https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

    Please do read the guidance and fit your circumstances to the right forms/application.

    If you remain uncertain as to how to apply or the right course of action then I would recommend seeking legal advice

    Reply
  172. Comment by NimishP posted on

    Charlie - I set out our response to your two questions below

    1) If you are lodging a TR1 accompanied with Probate, you do not need to submit a DJP.

    2) If the surviving joint owner does not have a mental capacity and is represented by someone appointed as an attorney, we will need a certified copy of the Power of Attorney. Depending on whether all the parties are legally represented by a solicitor or legal conveyancer, we may also require an identity verification in form ID1 for the Attorney. Please see our Practice Guide for evidence of identity requirements for more information - https://www.gov.uk/government/publications/evidence-of-identity-conveyancers

    Reply
    • Replies to NimishP>

      Comment by Charlie Dune posted on

      Ok thanks for your clear and prompt response.

      Reply
  173. Comment by John posted on

    I am trying to help with the sale of a small piece of land on behalf of some relatives. There is a complication in that the land has been registered in the names of 2 siblings (a brother and sister), both of whom are now deceased and have been for a number of years. Both have surviving spouses (one of whom lives in Australia). One left a will but the land was not mentioned, the other left no will.
    Do both remaining partners need to obtain probate/letters of administration respectively in order to be able to sell the land or would it be considered a joint tenancy where the right of survivorship applies so only the spouse of the most recent relative to die would need get letters of administration?

    As the land is worth very little (around £5000) I’m trying to keep any costs involved to a minimum so would like to get the facts clear before approaching a solicitor.

    Reply
    • Replies to John>

      Comment by adamh posted on

      John - we are not able to advise on the rules around intestacy or wills I'm afraid or indeed probate law, so if there is any uncertainty around tbis then I would encourage you to seek legal advice.

      From purely a registration perspective we would normally expect to receive an official/certified copy of the death certificate for the first sibling to die and probate for the second.

      The executor could deal with, namely assent the title to the beneficiary or transfer it to a third party as appropriate under the wills/rules of intestacy.

      If they held the title as tenants in common then this would also need to be considered.

      Our Practice Guide 6 explains how the title can be dealt with including guidance on dealing with any restriction which may be registered in the circumstances.

      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      The issue, as mentioned, around who inherits though is not one we can advise on or would be involved in.

      Reply
  174. Comment by Amy Morgan posted on

    My grandfather has recently passed away leaving my grandmother as a widow the house was only in his name. What does she need to do to put the property in her name? Thanks in advance

    Reply
    • Replies to Amy Morgan>

      Comment by adamh posted on

      Amy - if the property is registered then the executor will need to assent (form AS1) the title to her as the beneficiary. This is covered by the blog article and the guidance/forms it links to

      Reply
  175. Comment by Nicky Lightfoot posted on

    Is there a time limit on selling a property if leaving it in the deceased's name? My mum died in January, my sister and I are joint executors and beneficiaries of her estate. Probate has just been granted this month. We have a tenant in the house but wish to sell the house in the autumn.

    Reply
    • Replies to Nicky Lightfoot>

      Comment by NimishP posted on

      Nicky - There is no time limit on dealing with the property. It is up to the executors and the beneficiaries to decide when they wish to sell the property, if that is the intention.

      If the plan is to sell the property at a later date, and there is no intention to register the property in the name of the beneficiary in the mean time, you may want to consider notifying Land Registry about your mother's death to prevent any fraud. You can do so by submitting a form AP1 accompanied by either a official or certified copy of the Death Certificate or the Probate to our Citizen Centre.
      Hope this helps.

      Reply
  176. Comment by Christian Adshead posted on

    Hi there, I have been full time carer for my Father who was terminally ill. My Father owns 20% of the Property and my Brother owns 80%. I moved in with my Father last June 2014 and this is my home. My Father passed on Wednesday sooner than anticipated. His 20% Share has ben split amongst my Brother, Sister and my self. There is talk of selling the property but this is my home. What rights do I have in terms of staying here etc? My brother and sister are Executors of the will and are filing for probate. Can they just decide to sell the house even though this is my home or do I have some right to stay or e.g. say no I wish to keep hold of the house for 6months?

    Reply
    • Replies to Christian Adshead>

      Comment by adamh posted on

      Christian - this is something you will need to get legal advice on I'm afraid aas your rights to remain in the home or to delay any sale are not a matter we would cover.

      From the details given a sale of the legal ownership could go ahead without your permission/involvement. Although any prospective buyer is naturally going to ask questions re your living there and what rights you may have - this is where your legal advice must come in

      Reply
  177. Comment by David Assaly posted on

    Hello, my parents' house is held jointly in both their names. My mother passed away several years ago and my father has recently passed away. I am just wondering if obtaining the grant of representation for my father's will is sufficient for me to sell the house, since the title deeds are still in both their names?

    Reply
    • Replies to David Assaly>

      Comment by adamh posted on

      David - it is often the case that the legal ownership passes to the surviving joint owner so when they die, in this case your father, it would be his executor(s) who then deal with the property.
      If you are selling you are likely to need to provide the buyers with a copy of your late Mother's death certificate and Probate for your late Father

      Reply
  178. Comment by andrew posted on

    Some years ago the property of my grandmother was legally transferred to my father and his brother. My father subsequently died and my mother named as his inheritor. As my grandmother has recently died her home is to be sold. Is there any legal route that my uncle can contest her inheriting my fathers half of the property?

    Many thanks

    A

    Reply
  179. Comment by karen britten posted on

    I have probate and i am executor of mums will. My brother is keeping the house and i want to sign it over to him. what forms do i need to complete. Many Thanks

    Reply
    • Replies to karen britten>

      Comment by adamh posted on

      Karen - the executor can assent the property to the beneficiary using a form AS1.
      The blog article links you to the guidance and forms needed for such an application

      Reply
  180. Comment by Me Sol posted on

    My mother died in December and my cousin was executor of her will. My mothers house was passed jointly to my brother and me. Can we sell the house without first getting the property registered in our names? If we provide the conveyancing solicitor with the deeds, details of my mother's will, deed of probate and death certificate.

    Reply
    • Replies to Me Sol>

      Comment by adamh posted on

      Me Sol - probate enables the executor to deal with the property so any sale would have to be completed by the executor in such circumstances
      If the property is unregistered, you mention profivinf the buyer with the deeds, then they may well ask you to register it first before buying.
      They would not need to see the will or death certificate as it is the probate which confirms the death and the ability of the executor to deal (sell) the property.

      Reply
      • Replies to adamh>

        Comment by Me Sol posted on

        Adam, Thank you - the property was registered for the first time when my parents bought it in 1987. The deeds were sent to them by the mortgage provider when they paid off the mortgage, which is why I now have them. From what your saying and advice we've received elsewhere it would appear that my cousin will need to sell on our behalf.

        Reply
        • Replies to Me Sol>

          Comment by adamh posted on

          Me Sol - that would seem to be the case. From a legal ownership angle only the executor is the one tasked with dealing with the estate so would have to complete any legal documents re the transfer of ownership for example.

          Reply
  181. Comment by David posted on

    I intend to transfer my half ownership of the property I live in with my second wife to my 2 sons from my first marriage on my death. Have my 2 sons any legal right to try and make my second wife have to sell or relinquish her half before her death. My second wife's half will go to her 2 children from a previous marriage

    Reply
    • Replies to David>

      Comment by adamh posted on

      David - we cannot advise on such matters and it would be leagl advice you need to understand not only what happens to the legal estate when an owner dies but also the effect of wills/trusts on such matters.

      From a purely registration perspective if the legal title was in your joint names then on your death your widow would be a sole legal owner but the existence of any trust can be referred to on the register by means of a form A restriction. This would mean your widow could not sell the proeprty without appointing someone else to act with her.

      Your sons would not be able to sell but their ability to 'force' a sale would probably rely on legal action and obtaining a court order. A solicitor will be able to advise on this further and in far more detail than we are able to

      Reply
  182. Comment by Steve posted on

    Hi there,

    A question on transferring ownership.
    My wife and her brother have just jointly inherited a property from their later mother. We should have probate in the next few weeks.
    The property was left jointly in the will (50/50) to each of them.
    The brother wants to keep the property, so we need to transfer ownership into his sole name. Does my wife just need to complete form AS1 to achieve this, or is there something more that needs to be done?

    Many thanks

    Reply
    • Replies to Steve>

      Comment by adamh posted on

      Steve - form AS1 is used by the executor to transfer ownership to the beneficiary.

      Reply
      • Replies to adamh>

        Comment by Steve posted on

        Sorry, I should have stated that both my wife and her brother are the executors of the estate.
        In that case, can AS1 be used to transfer ownership to a single party, or does the will require that ownership is transferred into joint names and then transferred again into a single name?

        Reply
        • Replies to Steve>

          Comment by adamh posted on

          Steve - that's fine so they can both transfer to the sole beneficiary by way of the assent.
          There is no requirement to register in joint names first

          Reply
  183. Comment by Jenn posted on

    Hello,
    I am the executor and the benificiary of my fathers will, before he died the sale of his house was in motion. As the executor and benificiary, do I have to transfer the house in to my name before I can sell? And if I dont need the the transfer, is there any other things, or goverment I should notify or apply to to let them know?

    Reply
    • Replies to Jenn>

      Comment by adamh posted on

      Jenn - the probate gives you the legal authority to deal with the property and estate in accordance with the will etc. So if you are both the executor and beneficiary you can sell without registering yourself as the legal owner. The buyer will need a certified copy of the probate as proof of the circumstances.

      If you search the Gov.UK website for wills, death and probate then this will assist you re wider issues or actions required re the death and the estate

      Reply
  184. Comment by Debbie Salkeld posted on

    My father jointly owns a second home with my terminally ill mother & holds POA for all her affairs. We would like to know if it is possible for the property to be transferred solely to my mother's name now in order that the property moves to my father at her demise, with no tax liabilities should he wish to sell it at a later date. If this is possible, how do we go about doing this?

    Many thanks

    Reply
  185. Comment by Gia posted on

    A short time before the deceased property owner passed away they amended the deeds to include one of the beneficiaries ( also an executor) of their will. The other executors of the will believe that the deceased was not of sound mind ( Dementia) when the deed was amended. Once the deceased's medical records have been obtained what is the next step? Which department at the land registry is responsible for this sort of case?

    Reply
    • Replies to Gia>

      Comment by adamh posted on

      Gia - if you are contesting the change then it would be a matter for the courts initially and not Land Registry I'm afraid. We would not arbitrate on such matters.

      The court would consider the evidence and if they agreed then they would issue an order for the property to be transferred, usually instructing the now sole registered owner to do so

      You will need legal advice to understand the legal requirements in such cases.

      Reply
  186. Comment by joseph sniadek posted on

    My brother an nieces inherited our parents property several years ago but we didn't register the change with the land registry due to oversight. We are currently considering selling the property, but need to know if we should change title in the Land registry first or whether copies of the wills will suffice.

    Reply
    • Replies to joseph sniadek>

      Comment by adamh posted on

      Joseph - it is probate you need in order to deal with the property
      The probate allows the executor to either sell the property or assent it to the beneficiaries
      The guidance for each is linked to in the above blog article

      Reply
  187. Comment by PaulaH20 posted on

    My father in law died 18 years ago. The property was solely in his own name but his will stated that the house went to his wife. The house doesn't look like it was registered (looks like it falls pre 1990 and no mortgage) and my mother in law has never had the deeds transferred into her name. Do we have to do a first registration then an Assent?

    Reply
    • Replies to PaulaH20>

      Comment by adamh posted on

      Paula - the need to now register the property is triggtered by the death and an assent would be the correct option re transferring ownership to the beneficiary

      Reply
  188. Comment by Gary Filmer posted on

    My father in law has jusr died and had leasehold of a property. Two of his daughters have freehold of the property. Do they need to remove his name, and if so how? Thanks.

    Reply
    • Replies to Gary Filmer>

      Comment by adamh posted on

      Gary - if he was the sole legal owner of the leasehold title then it all depends on whether his beneficiary is retaining the lease or whether it is being determined (ended) as a result of his death for example.

      Reply
      • Replies to adamh>

        Comment by Gary Filmer posted on

        Hi Adam.
        He was sole leagal owner and they intend to keep the house.
        Thanks.

        Reply
        • Replies to Gary Filmer>

          Comment by adamh posted on

          Gary - if by 'keep the house' you mean retain the lease as a separate interest then the executor would need to assent the leasehold title to the beneficiary

          Reply
  189. Comment by Steven Hearnshaw posted on

    Hi My mother bought her council house last October (2014) Sadly she passed away January of this year. I realise that I cannot sell the house until 5 years have passed without paying back some of the discounts my mother received. I also understand that 10 years would have to pass without offering the council the first opportunity to purchase it. My question is would I have any problem in having my name on the land registry or should I just leave it until I am in apposition to sell? Thanks. Steve.

    Reply
    • Replies to Steven Hearnshaw>

      Comment by adamh posted on

      Steven - I am sorry to read of your loss.
      Updating the register wouold not be a problem and the executor would look to assent (form AS1) the ownership to you as the beneficiary.
      The discount aspects and any council interest as registered already would remain so and could then be dealt with as and when appropriate to do so

      Reply
  190. Comment by Tharg the Mighty posted on

    Hi - my grandfather has died the property he lived in is 50% owned by me and was 50% owned by my grandfather.

    He left me his half in his will, I now have copies of the Grant of Representation so what are my next steps. Do I now have to fill in more forms to get my Grandad's name off the deeds and me on as sole owner?

    Reply
  191. Comment by Wendy Holmes posted on

    Hello,
    My father died over 10 years ago and had a piece of land value less than £15,000 - he had no will. At the time my mother was still alive but the property was never passed to her as there was no will. My mother died 2 years ago - again no will. There is just myself and my brother left can we get the property transferred to us with just a letter of administration without having to go through probate. My brother is being very difficult and will not provide and paperwork to assist and I have no paperwork at all as have been away from the family home for many years.

    Also, if we do nothing and just leave the land in my late fathers name what will eventually become of that land if it technically doesn't belong to a living person?

    many thanks

    Reply
    • Replies to Wendy Holmes>

      Comment by adamh posted on

      Wendy - in order to sell, mortage or otherwise deal with the land legally you would need either probate (recorded will) or letters of administration (will not recorded). The Executor/Administrator would then be able to transfer (assent) the ownership to say the beneficiary or sell it to a third party and pass the proceeds form the sale to the beneficiary

      If the owner dies intestate so there are no next of kin for example then the ownership can pass to the crown

      Reply
      • Replies to adamh>

        Comment by Wendy Holmes posted on

        Thank you for your reply. Can you explain the difference between a Letter of Administration and Probate and the how to obtain a letter of administration. Can I apply for just a letter of administration to be able to sell the land? many thanks.

        Reply
        • Replies to Wendy Holmes>

          Comment by adamh posted on

          Wendy - probate is issued where there is a recorded will whilst you would apply for letters of administration where no will has been recorded.
          If you obtain letters of administration then this gives you the legal authority to deal with the deceased's estate

          Reply
  192. Comment by Elaine Northey posted on

    Hope you can help me, my father & brother bought a house together back in 1974/5. However, I believe the mortgage was in my brothers name, then my dad died 3 yrs later not leaving a will. Am I entitled to my dads share, i.e 25% as my brother is selling the house & has not even told me. I did not pursue my dads share because my brother was always struggling financially & I didnt want to cause him more worries so I assumed he would do the right thing & give me my share if he sold the property or leave my share in his will. I was told to put a charge on the house. Any advice would be greatful.

    Reply
    • Replies to Elaine Northey>

      Comment by adamh posted on

      Elaine - have you checked to see if the property is registered? If it is then that should confirm the ownership details
      If both your father and son were the registered owners then they will have both have had to mortgage the property.
      If your father was a joint owner you should then seek legal advice on the laws around inheritance and whether you are entitled to his 'share'. If you are then you may be able to register an interest but it is really legal advice you need first

      Reply
      • Replies to adamh>

        Comment by Elaine Northey posted on

        Many thanks for the advice. Im not sure if both were registered owners, we never spoke about it. The house belonged to my fathers sister, who died & my bro & father invested the money jointly into buying it back. I have no records wotsoever as to the mortgage details & not sure how to find this out. I guess it will have to be through a solicitor. Thanks again.

        Reply
        • Replies to Elaine Northey>

          Comment by adamh posted on

          Elaine - have you checked to se if the property is registered?
          You still need legal advice though to unravel what has happened and to establish what rights you may have

          Reply
          • Replies to adamh>

            Comment by Elaine Northey posted on

            Fones playin up...my apologies. I assumed that I would have a share of the house considering my father put money into buying it with my bro over 35 yrs ago. Its got all nasty now after I asked to have my share put in a legal document for when myself or my bro die. I will see a solicitor to put closure to this as the rift is unrepairable..

          • Replies to Elaine Northey>

            Comment by adamh posted on

            Elaine - there can often be assumptions made around how wills/inheritance works but it is important to always seek to formalise such things where the law does not cover.
            Seeing a solicitor will help unravel what is pssoble for you.
            We deal with the legal ownership rather than the beneficial one around such wills/inheritance issues I'm afraid
            You could try online forums such as Money Saving Expert as well for a wider perspective but I would still storngly recommend seeing a solicitor

          • Replies to adamh>

            Comment by Elaine Northey posted on

            I will check that out and seek a solicitor to put closure on this for me. Appreciate your help.

  193. Comment by Chris V. Brandon posted on

    I live in the house my dad owned.i was his care taker and live in the house. He died.mybrother and I are the beneficiaries . . My brother is the excuter. What are my rights there as far as move out. My beautiful brother wants me out of there and I told I need 3 months . What are my rights

    Reply
    • Replies to Chris V. Brandon>

      Comment by adamh posted on

      Chris - I'm afraid we cannot advise you on your legal rights and I would suggest contacting a solicitor.
      If you are a beneficiary then you will have rights over your late father's estate but it is the executor who then deals with the estate itself.

      Reply
  194. Comment by NimishP posted on

    CM - As your parents held the property as joint tenants and your mother passed away before your father, all you would need to do is to submit an official or certified copy of your mother's death certificate. A probate or letter of administration for your father's estate would be sufficient to enable you to transfer the property on sale.

    Reply
    • Replies to NimishP>

      Comment by CM posted on

      Many thanks for such a prompt and informative reply.

      Reply
  195. Comment by Andy Hunt posted on

    How can I find out who to speak to about a property that has been empty for around 20 years, the property is not on the land registry and the previous owner died with no next of kin, this property has just sat untouched for around 20 year and I can't seem to find any info about it anywhere.

    Reply
    • Replies to Andy Hunt>

      Comment by adamh posted on

      Andy - there is little point in speaking to anyone at Land Registry on this as you appear to have all the information we could provide you with.

      The register will confirm who owns it so then it is really a question of getting legal advice to understand what options may be available to you.

      Reply
  196. Comment by Kate posted on

    Hi Adam, how long does the transmission application take to process? I am the 1/2 owner of a property and the other 1/2 has been left to me in my fathers will. The solicitor has asked me to sign the Transmission application today - how long is the process from the land titles office to have this finalised? I am waiting on this documentation to access equity in my half of the property but cannot until it comes through. Thanks Kate

    Reply
    • Replies to Kate>

      Comment by adamh posted on

      Kate - whilst I understand the term 'transmission' this is normally used in the context of registering the personal represenatives on the register and I don't think this is what is happening here.

      If you are a surviving joint owner, and this is how I have read your comment, then I would be expecting your solicitor to be applying to note the death only by lodging the death certificate for example. This can take up to 10 days to complete currently although it could be done much quicker.

      Reply
  197. Comment by Charlie Dune posted on

    Hi Adam,

    Further to a previos comment, we would really appreciate some further clarity on Land Registry procedure.

    We are buying a property. The title shows 2 people (assumed married joint owners ) as proprietors as tenants in common. One owner has died.
    The surviving tenant in common has an attorney (with certified copy of power of attorney).

    Because one owner has died we assume that we require a certified copy of a grant of probate or a letter of administration in order to submit the AP1 and TR1 form.

    But the seller's solicitor is say the grant of probate is NOT required.

    We have a certified copy of the death certificate. Is that sufficient along with the power of attorney to have the AP! and TR1 accepted?

    Many thanks

    Charlie

    Reply
    • Replies to Charlie Dune>

      Comment by adamh posted on

      Charlie - if the registered propritors are not completing the Transfer then we need evidence that whoever is can do so.
      If a joint propritor has died and the survivor is selling then we would need evidence of death so a copy death certificate would do

      I see you have commented at some length as well so will cover that separately

      Reply
  198. Comment by Charlie Dune posted on

    Hi Adam,

    We're buying a property with registered title. The title currently shows 2 proprietors with the same surname (assumed married?) with a Form A restriction - tenants in common ("No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.")

    One of the proprietors has died, the surviving proprietor has an Attorney (we have certified copy of Attorney and Attorney will sign TR1 form - no problem).

    We have concerns about dealing with the estate of the deceased.
    We have asked the vendor's solicitor for a grant of probate/will and for the executor of the will to sign (the contract) and the TR1 form.

    The vendor's solicitor has not made provisions for an executor on behalf of the deceased to sign the TR1 form. He has stated that a grant of probate/ will is not required as the "legal estate vests in the surviving joint owner".

    Q1) If we submit a TR1 form to Land Registry to transfer the title into our names, our understanding is that we at least require to submit a certified copy of a will showing that the deceased's estate has been vested to the surviving owner or will a death certificate be sufficient?

    Q2) that, because of the Form A restriction, 2 separate people need to sign the TR1 as transferors (whether the registered proprietors or their representatives)?

    Conversely, we which to submit a TR1 and purchase the property as tenants-in-common. We have made separate wills held by a solicitor detailing how the surviving proprietor can remain in the property in peace til death but how our share in the estate will eventually pass to beneficiaries (children in our families).

    Q3) We would hope and expect that if one of us died, that the surviving
    proprietor would NOT be able to sell the property by completing a TR1
    solely, without providing proof of a will or grant of probate. Or is this not the case?

    Apologies for the long email. The Land Registry information seems clear to us but we're left confused by intentions of the seller (?). We would like to ensure we have the right documentation to transfer the title when we come to register the property at Land Registry.

    Many thanks in advance for your advice

    Charlie

    (p.s. sorry if you've received this b4, we're having problems with our internet connection - don't think this has posted before though 🙁

    Reply
    • Replies to Charlie Dune>

      Comment by adamh posted on

      Charlie - having the same surname may mean they were married but not always

      If there is a form A restriciton registered then the sole surviving owner cannot sell (tale receipt of the capital monies) on their own. They would have to appoint someone to act with them on any sale and together they could then transfer the ownership.

      The grant of probate or death certificate would be needed here simply to confirm the death of the joint owner. We would not normally deal with a will as this primarily deals with the deceased's wishes so relates to the beneficial ownership rather than the legal ownership of the property which is our concern.

      So a death certificate will suffice but the Transfer has to be by the surviving owner and some else. In some case the survivor will appoint the other person as part of the same Transfer and your conveyancer can advise on this.

      If you complete the TR1 so that you are also tenants in common then the same restriciton will be registered after your names and the same conditions then apply.

      Any percentage shares or specific provisions re your children would normally form part of a separate agreement/declaration of trust or similar but we would not have sight of these or your wills.

      There is a limit on what we can advise around such matters. As explained we deal with the legal ownership and the concerns you have appear to relate to the seller's ability to both deal with the deceased's estate and the property. Such concerns should be addressed to a conveyancer and I would recommend that you seek legal advice before you proceed further

      Reply
      • Replies to adamh>

        Comment by Charlie Dune posted on

        Brilliant! Really appreciate you reading our question. We're aware that asking the right question really depends on the background info and details (and there seem to be so many caveats and exceptions etc.... in this business of title 🙂
        Anyway, thanks for clarifying, esp re. purpose of death certificate and legal/beneficial title as separate issues. We will take further legal advice.

        We're considering making an application to Land Registry to remove the restriction (with RX3) and using a new Office Copy with no restriction and then submitting TR1 (once rest of conveyancing done).

        We noted an old blog on providing "sufficient evidence" to Land Registry that explains what has happened to the beneficial
        interest and that if the original interest protected by the restriction has ended, or devolved to the sole surviving proprietor, how it
        has been done so LR will accept it.
        (https://hmlandregistry.blog.gov.uk/cancellation-form-restrictions).

        Presumably, in the general case, LR would recognise any malignant statements but would accept an explanation that ,for example, the deceased's beneificial interest has in fact pased to the surviving proprietor in its entirety (perhaps with reference to a will) ?

        Charlie

        Reply
  199. Comment by Marie posted on

    Hello my husband has passed away and we have a property under his name.he has no will I want to register it in my name do I need a probate?please help what I gonna do?

    Reply
    • Replies to Marie>

      Comment by adamh posted on

      Marie - if the property was in his sole name then you will need probate. Once that has been obtained the named executor can assent the ownership to the beneficiary for example and how to do this is explained in the blog article

      Reply
      • Replies to adamh>

        Comment by Marie posted on

        thank you adamh.your comment is well appreciated.

        Reply
  200. Comment by Mumsi posted on

    Hi, my mother died last August and we have been granted probate, what forms do I need to complete to change the title to the three beneficiaries? How do you specify that they will be tenants in common? Also my dad died 2 years preceding my mother, would the building society have amended the title to just her name? Lastly, sorry, the building society advised when we settled the mortgage that the deeds were held online, so will I have to get an official copy in order to transfer the title?

    Many thanks

    Mary

    Reply
    • Replies to Mumsi>

      Comment by adamh posted on

      Mary - this is covered in the blog article and in a number of the related comments and replies.
      The executor would assent the title to the beneficiaries using a form AS1. Part of the form allows for you to then state that they hold the property as tenants in common.

      You can check the title online using our Find a Prooerty service to see if it has been updated to just the sole name or you can simply lodge a certified copy of his death certificate with the application.

      You don't need an OC to change the title but you can check the current details online as mentioned if you want to be sure of what is currently registered - this will help ensure that you complete the application correctly and submit the right paperwork.
      https://www.gov.uk/search-property-information-land-registry
      and
      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
  201. Comment by Tejal posted on

    Hi there I have a question in relation to a neighbour who has passed away unexpectedly. From what we had known of her, she did not have any family regularly visiting her. I can see from the land registry website that the property title was in her name. How can we find out what is happening with the property? I do not believe she had a will. Who can we contact to find out more details about the property?

    Reply
    • Replies to Tejal>

      Comment by Ian posted on

      Hi. This is not something that falls within Land Registry's responsibility, but your local probate registry may be able to give information on the current position regarding the deceased's estate.

      Please also check out the guidance on Gov.uk which explains the process where there is no will - https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will .

      Ultimately, dealing with an estate where there is no known kin, can be difficult and this is why a number of companies offer a service where they search for a missing heir of the deceased who can act as Administrator or instruct someone else to act for them.

      Reply
  202. Comment by Kirsty cowan posted on

    My stepdad passed away 3 weeks ago and my mums name is still on the title deeds (my mum passed away in 1997). I have a copy of my stepdads will which he made in 1997, but apparently there is a new one that has been made. My step brothers are arguing over the estate and have told me I have no say to the property. But I don't know if I do or don't can you please advise.
    Claire

    Reply
    • Replies to Kirsty cowan>

      Comment by adamh posted on

      Kirsty - I am afraid we can only advise with regards the registered ownership as we don not cover issues around wills and inheritance I'm afraid.

      If the title is still registered in her name then invariably whoever has probate for her is invariably able to deal with the property and her estate.

      I assume that she left the property to your step dad so the issue you will need advice on is how does your mother's executor now deal with the property/estate. Although your step-brothers have suggested you have no say in the matter if you are the executor of your mother's estate that may not be the case although you may still be legally bound by her will/wishes

      I would recommend that you seek legal advice on this.

      Reply
  203. Comment by Kahu Te Amo posted on

    My mother in law died and in her will named son and daughter to be admin of family property. There was 2 mortgages on the property which my husband paid off. He also paid out to his other brothers and sisters amounts equal to the mortgages, on the condition that he takes ownership of the property. They all agreed. The land rates bill used to be addressed to deceased, they are now addressed to brother and sister in law. Can they now take a mortgage out on this property?

    Reply
    • Replies to Kahu Te Amo>

      Comment by adamh posted on

      Kahu - when a registered owner dies then probate is requried in order for the executor to then deal with the property, as in transfer it into the name(s) of any beneficiary or transfer it to a third party.

      Only the registered owner can mortgage the property so until the register is transferred I am unaware of any way that a third party could mortgage the property. If the executor were for example to now transfer the property to the brother and sister-in-law they would then be able to mortgage it.

      The issue you then face is whether the executor had dealt with the legal estate correctly and I would recommend seeking legal advice.

      Reply
  204. Comment by Babs posted on

    Hi. My Mum and Dad owned their (unregistered) house as tenants in common. My Dad died in April, my mum still lives in the house. My Dad left his half of the house to me and my 5 siblings. I am the sole executor and have been granted probate. Do I have to register the house now and change the names on the deeds, or can I wait until we would want to sell the house (not until my mum dies). thanks Babs

    Reply
    • Replies to Babs>

      Comment by adamh posted on

      Babs - there is no compulsion to register on the death of a joint owner.
      I would however recommend seeking legal advice to understand what might be the best way forward to ensure that the interests of you and your 5 siblings are adequately protected, especially if your Mother's will differs with regards beneficiaries for example.

      Reply
  205. Comment by Rachel posted on

    My Grandfather has recently passed away and before his death we were in the process of buying out the Freehold of the Property. All monies had been paid to complete the buyout and we were just waiting for the Land Registry form to be sent to us for us to send off with the £40 cheque. The property is to be sold following his death. Where do we stand now in relation to registering the change with Land Registry so the property can be sold as Freehold, I am co-executor on the will. Thank you in advance for your help.

    Reply
    • Replies to Rachel>

      Comment by adamh posted on

      Rachel - I assume that your Grandfather had not executed any legal deed re this matter so in essence the probate gives the executor the power to deal with the property.
      How that plays out with buying out the freehold is something you would need to get legal advice on as I assume the freehold still has to be purchased to enable the sale to go through.
      The alternative presumably is to sell the leasehold and allow the new owner to then buy the freehold

      Reply
      • Replies to adamh>

        Comment by Rachel posted on

        Thank you for your reply. The full price to buy out the Freehold has been paid to the relevant company and we are now purely waiting for the deed to send to Land Registry along with the £40 fee. I really wanted to know if, as executor of the will, can I send the form and cheque to Land Registry for them to register the change or is this something that would have to be dealt with by a Solicitor.

        Reply
        • Replies to Rachel>

          Comment by adamh posted on

          Rachel - anyone can apply so you can do that or you can use a solicitor

          Reply
  206. Comment by sarah posted on

    My sister has grant of letters of administration and i believe my brother is to buy the property. does the selling of the house to my brother have to be agreed by all beneficiaries and the price agreed?

    Reply
    • Replies to sarah>

      Comment by adamh posted on

      Sarah - something to get legal advice on I'm afraid as we are not involved in the issues surrounding the will, inheritance and who benefits from the estate I'm afraid.
      From a registration perspective provideing the executor completes the transfer then we can register the legal title/ownership in the new name
      The issue over whther the executor has acted correctly and in accordance with any will or other requirements around the beneficial ownership would be a matter for the parties involved and the courts as appropriate

      Reply
  207. Comment by C Vitae posted on

    My mother owned her house as tenants in common with her partner before he died in 2014. He left his share in trust for four youngsters but with a life interest in favour of my mother. The solicitor handling probate is hassling her to agree to sign a form transferring her late partners half into the names of the trustees - I believe the TR1
    Is this the correct procedure when she owns a half share outright and would it give the trustees a right to sell the house over her head or stop her selling if she needed?

    Reply
    • Replies to C Vitae>

      Comment by adamh posted on

      C Vitae - if you want the title/legal ownership transferred into the names of the mother and the trustees then a form TR1 completed by her and in favour of her and the trustees is the correct procedure.

      Whether that is what you want to actually do is a matter for your Mother and the trustees to decide on.

      If the register refers to your Mother as the sole surviving legal owner and there is a restriction in form A to protect the tenants in common aspect then she cannot for example sell the property without appointing someone else to act with her.

      If you Transfer it to your Mother and the Trustees then any sale would need all of them to be a party to it.

      I would recommend that you all discuss this further with the solicitor to understand what options are available and how best to protect everyone's interests.

      Reply
  208. Comment by Kay posted on

    I have applied for probate to deal with my mothers will, I am executor. I wish to sell my own house, pay the other beneficiary their % of the value of my mothers house as stipulated in the will, and then move into my mothers house. Will I be able to live there before I pay the other beneficiary and if so what do I need to do to meet legal requirements?

    Reply
    • Replies to Kay>

      Comment by adamh posted on

      Kay - we can't tell you what rights you have re living in the property and the legal requirements of dealing wih the estate and probate. You should contact a solicitor for such advice.

      Reply
  209. Comment by dfromnw posted on

    My parents owned their house as joint tenants. My father died a few months ago so my mother became the single owner. We haven't notified the land registry yet so they will still be listed as joint owners (the property is registered). My mother has now died, without a will so the property will be shared with my brother. I anticipate that we will be joint PRs, in which case I assume we don't have to assent or transfer the property to ourselves? Once probate is granted for my mother's estate, will it actually matter when we come to sell the house if she and my father are still listed as the registered owners? (my interpretation of the article is that it won't). Thanks.

    Reply
    • Replies to dfromnw>

      Comment by adamh posted on

      dfromnw - if she had no will then it is likely to be letters of administration which you apply for.
      Once thay is obtained then the administrators can deal with the property as you sugegst without first registering themselves
      The buyer will need copies of your father's death certificate and your mother's letters of administration

      Reply
  210. Comment by Kdama posted on

    Hi adam
    My Stepmother has just notified land registry via djp form that my dad has died however he told me half the house will be ours as in his will but she says I don't need to see the will as it's straightforward even though I'm an executor. Would she be able to sell the house now without my authority? The will is not with a solicitor as she said we didn't need to see one of those either?

    Reply
    • Replies to Kdama>

      Comment by adamh posted on

      Kdama - this is a complex area of the law as you are dealing with not only the legal ownership, which has now passed to your stepmother but also the beneficial ownership relevant to your late father's share in the property.

      As your stepmother is the sole surviving registered owner she is in the position that she could sell the property. Your interest appears to be in only the beneficial ownership, namely your late father's share in the proceeds say of any sale.

      If they held the property as tenants in common, see the blog article and Practice Guide 6 for more details, then she could not act alone on any sale but would have to appoint someone to act with her and transfer the ownership - that doe snot have to be you as your late father's executor but it can be.

      Note - if the will was officially recorded and your are an executor then presumably you can obtain a copy of the will from the probate service

      You really do need legal advice.

      Reply
  211. Comment by Annie Youngs posted on

    Hi. My Dad passed away a couple of months ago and was the sole owner of his property. He wrote a will leaving everything to me (his only child) but unfortunately forgot to sign it (typical Dad lol) thus making it null and void. I have sent off the paperwork to HMRC to become his administrator, but could you tell me please what the next step is to transfer the property into my name?
    Thank you in advance for any advice you may be able to give me

    Reply
    • Replies to Annie Youngs>

      Comment by adamh posted on

      Annie - once you have obtained probate/letters of administration you can assent (form AS1) the title as the executor/administrator to yourself as the beneficiary
      The blog article links you to the guidance and forms required

      Reply
      • Replies to adamh>

        Comment by Annie Youngs posted on

        Thanks Adam. I have also just found out some paperwork showing Dad took out a couple of equity release loans on the property. Obviously I will need a mortgage to pay these back. Can you let me know how this will affect the transfer of ownership please?

        Reply
        • Replies to Annie Youngs>

          Comment by adamh posted on

          Annie - it would not effect the transfer of ownership to you but I would recommend getting legal advice as to how best to resolve the debt/loan aspect
          If you are seeking a new loan to pay them off then the lender is likely to insist on your using a solicitor anyway

          Reply
  212. Comment by thom posted on

    Help ... what forms do I use?
    House is held as tenants in common by two owners - registered.
    One joint owner has died. Deceased half share is to pass to a beneficiary. Existing joint owner to retain their interest in the property. What forms are required to ensure that the existing owner remains on the title and the new owner is added, ensuring the title is still held as tenants in common in equal shares
    Thank you

    Reply
  213. Comment by dave taylor posted on

    hi let me explain our situation. my uncle passed away in 2007, leaving his property to his sister. he left me as an executor. now due to ill health and several other passings in the family it is only now we are dealing with tidying up his property affairs. Am i correct in thinking i would need to complete form As1 (assent)? to enable the transfer from executor to beneficiary? ... are they any other forms? 🙂 many thanks dave

    Reply
    • Replies to dave taylor>

      Comment by adamh posted on

      Dave - an assent should be the correct form and you would need to complete a form AP1 and a form ID1 with regards the beneficiary
      The link to the form AS1 includes guidance on completion of the forms and their submission

      Reply
  214. Comment by johnc1234 posted on

    My sister and I are joint executors of our father's will which leaves the property in trust for us and our siblings upon the death of our mother. This certainly does not look imminent, is there any reason why we should transfer ownership at this point, or good arguments not to?

    Reply
    • Replies to johnc1234>

      Comment by adamh posted on

      johnc1234 - we cannot advise on this I'm afraid and I would recommend you either seek legal advice or try online forums such as Money Saving Expert

      Reply
  215. Comment by Pepe posted on

    Hi my mum is currently doing her will, leaving her estate to 4 of her 5 children, how ever the house is soley in my deseased fathers name, does this matter? Will it just get sold by her appointed excutor? Thankyou

    Reply
    • Replies to Pepe>

      Comment by adamh posted on

      Pepe - if she does not register her legal ownership and then she dies it would be your late Father's executor who would still deal with the property and not her appointed executor.

      If she is drawing up a will then I would recommend registering her legal ownership now to avoid complications in the future

      Your late Father's executor can assent the property to her as the beneficiary but I would recommend she take legal advice to consider what may be the best option here

      Reply
    • Replies to Pepe>

      Comment by Pepe posted on

      Thanks again appreciate your help adamh

      Reply
  216. Comment by bova posted on

    Hi
    My late mother held the legal title of her home in 50/50 shares with her husband as tenants in common. She named me and her husband as co-executors and co-trustees of her estate. Upon her death, her husband completed form DJP which resulted in the LR transferring title solely to him as surviving spouse under joint ownership rules. Her husband now refuses to complete an assent form to transfer the 50% title that my mother owned into our joint names as trustees. Note that he is now trying to sell the property without my consent and currently only has to appoint another trustee to do so (in accordance with restriction A on the title). I have written to the LR explaining the situation and included a copy of the will and grant of probate which lists me a PR. The LR response was that since the husband is now sole legal owner only he can initiate the assent. I am at a loss now of what to do. I read about a form B or form N restriction which do seem to protect beneficiaries‘ interests but these do not rectify the situation fully. Can you please advise how to go about addressing this situation?

    Reply
    • Replies to bova>

      Comment by adamh posted on

      Bova - you will need legal advice on this as any challenge to her husband's actions would be a matter of law I'm afraid.
      We can only cover the registration aspects for you so if you are looking for wider comment or views then you could try online public forums such as Money Saving Expert for example

      Reply
      • Replies to adamh>

        Comment by bova posted on

        Hi - the question I am looking to answer is whether it is appropriate/acceptable from the LR perspective for a tenant in common to complete a DJP and for the LR to register the title solely into the surviving spouse's name when the property was not owned as joint tenants.

        Reply
        • Replies to bova>

          Comment by adamh posted on

          Bova - it is appropriate and acceptable

          Reply
          • Replies to adamh>

            Comment by bova posted on

            How can I now complete the registration of title in accordance with my mother's will and grant of probate?

          • Replies to bova>

            Comment by Ian posted on

            Bova - we can't really add anything to what's already been said. Other than to reaffirm that we deal with the legal title and any dispute / challenge regarding the action of the registered owner and questions on to how to protect your beneficial interest would be matters on which you'd need to seek independent legal advice.

          • Replies to Ian>

            Comment by bova posted on

            Hi. I am somewhat confused by your response as I am not trying to protect my beneficial interest at all. All I am trying to find out about is how to register the legal title in accordance with the legacy of my late mother who was the rightful owner. I am also very concerned that someone without proof of legal right to the title was allowed to register themselves as such. There must surely be a form of redress through the LR when this happens?

          • Replies to bova>

            Comment by adamh posted on

            Bova - I'll try to explain the process that the legal title goes through for you although the original response given to you remains correct. And there is no redress through the registration process as the register has been correctly updated.

            When your Mother passed away her death was correctly notified to us and the register amended. The title was not transferred but simply updated to reflect the fact that the sole surviving legal owner was her husband albeit still restricted by the form A restriction.

            As you already appreciate the sole surviving owner can only deal with the property for capital monies e.g. sell it if he appoints someone else to act with him.

            The key aspect to appreciate here is that your late Mother's beneficial interest, which she has left in her will, is in essence her share in the value of the property. The legal title is separate from this to some degree and the surviving legal owner is entitled to deal with the property either by selling it or transferring it to whoever as may be appropriate.

            You refer to rectifying the situation fully but there is nothing to rectify as far as the legal title is concerned. The issue lies with how the her estate is ultimately being dealt with and that is quite separate from the legal title/land register.

            This is why we have recommended you seek legal advice as ultimately if you are to challenge her husband's actions.it would be done through the courts.

            In my experience, having read similar threads on public forums, any challenge is likely to focus on the capital monies gained from any sale and how it is apportioned rather than obtaining a court order to transfer the legal title into the husband's and for example your name. The court is likely to take the same view as to how the legal title has passed to the sole surviving owner albeit with the restriction referred to.

            If you wish to challenge the husband's subsequent actions over the property then I would recommend you seek legal advice as to how best to do this but it would not be through the legal title and Land Registry

          • Replies to adamh>

            Comment by bova posted on

            OK, thank you for the detailed response. I accept the position as you state it with regards to the process, which just one more question. Would you agree in a hypothetical situation where the deceased creates a trust and expressly passed the ownership of the property to her trustees to hold on trust for the beneficiaries then the surviving spouse should complete AS1 to register the legal title in the names of the trustees? Thanks for all your help in the preceding exchange.

          • Replies to bova>

            Comment by adamh posted on

            Bova - an AS1 is used by the executor of a deceased's estate to transfer the ownership to the beneficiary. You cannot though assent or transfer a half share.

            The issue you are really facing is whether the surviving legal owner, the husband, should transfer the legal title into his name and that of the deceased's beneficiary - that is a matter for the legal owner and any other interested parties to discuss and agree upon as they see fit. There is no legal obligation, as far as I am aware, for the surviving owner to do anything with the registered title.

            I would again recommend that you discuss the issues with a legal adviser and focus on the law around inheritance, wills and probate to establish what, if anything, you can achieve through the legal process.

  217. Comment by Pepe posted on

    Hi adamh you replied to my post below about mum doing her will, i didnt mention, dad didnt leave a will.

    Reply
    • Replies to Pepe>

      Comment by adamh posted on

      Pepe - if your father had no will then someone would have to apply for letter of administration in order to deal with the property as part of his estate.

      Whilst the property may have passed to your Mother under the rules of inheritance for example the estate still has to be dealt with and if that includes the property then someone needs the authority to deal with it.

      A recorded will triggers a probate application to cover this whilst no will triggers the need for letters of administration

      Reply
  218. Comment by disqus_46cFgVEXBM posted on

    Hi there, I have downloaded the form DJP, but there is no address to send it to, is this something that only a solicitor can do?

    Reply
    • Replies to disqus_46cFgVEXBM>

      Comment by adamh posted on

      The address is Citizen Centre, PO Box 6350, Coventry
      CV3 9LP
      When you search for a form the link to the address details is provided separately
      We do not include the address on the form as the address can vary for internal reasons relating to management of workloads

      Reply
  219. Comment by Fizz posted on

    Hello
    My dad was initially the sole owner of the house which transferred to my mum and my siblings, title was never transferred now my mum has passed and willed the property to her chidren. Does it matter transfer of title did not take place initially and how can this effect the sale of the house

    Reply
    • Replies to Fizz>

      Comment by adamh posted on

      Fizz - unless the legal ownership was actually transferred to your mother and the siblings that this will have an impact.
      It is likely that the executor of your late father's estate will now need to deal with the property, inc any sale if that is what is now required.

      You will need legal advice to understand how the legal title can now be dealt with and by whom

      Reply
  220. Comment by Chris Hodson posted on

    Hi Adam, My mother died intestate two months ago. As the eldest of three sons, I have acted as her financial representative. I have not applied for probate. She owned her house with freehold but it does not seem to be registered with you. It was purchased in 1973. Do
    I need to register it with you?
    Thanks. Chris Hodson

    Reply
    • Replies to Chris Hodson>

      Comment by adamh posted on

      Chris - your Mother's death alone does not trigger the need to register the property. If you transfer it to a beneficiary or sell it to a third party then this would trigger the need to register.

      Reply
  221. Comment by Chris Hodson posted on

    Thanks for your very speedy response. That's good to know. If we registered the property to one of the brothers, would that be sufficient. It almost seems too simple. Would that registration in one name be enough to establish ownership of the property?
    Thanks

    Reply
    • Replies to Chris Hodson>

      Comment by adamh posted on

      Chris - the executor would normally register it according to the deceased's wishes but if say there are 3 beneficiaries but they agree that just 1 will own it then that's ok also
      Registration in any name would establish the legal ownership and put it on record

      Reply
  222. Comment by Graham Skinner posted on

    If a son is added to his fathers property and father subsequently dies does the entire property revert to the son if so is only 50% of the property included in the fathers estate for death duty assessment
    Thank you
    Graham

    Reply
    • Replies to Graham Skinner>

      Comment by adamh posted on

      Graham - if they are registered as joint owners then the legal title passes to the survivor.
      If they held it as tenants in common then this can impact on what happens to the deceased's share

      https://www.gov.uk/joint-property-ownership

      We do not deal with death duties and their assessment I'm afraid and you may wish to search elsewhere in GOV.UK for guidance

      Reply
  223. Comment by Chris Hodson posted on

    Thank you, Adam. This has been really useful for us - what an excellent service!

    Reply
  224. Comment by Susan Nevill posted on

    my cousin jus passed away nd i bein 2nd cousin am excutor,she has laft me the house which i have the deeds for nd she was the sole owner ,does it have to go into probate nd do i have to pay a solicitor to have the property changed ova to my name or can i jus sell it as is , which by the way is stted in the will she wants it sold after her death .

    Reply
    • Replies to Susan Nevill>

      Comment by NimishP posted on

      Susan - Sorry for your loss.
      As the property is in your cousin's sole name, you will have to get a Probate in order to deal with it.
      It is not absolutely necessary from our point that you employ services of a solicitor, provided you are aware of what you are doing. We can assist you with procedural guidance but cannot give any legal advice.

      Reply
      • Replies to NimishP>

        Comment by Susan Nevill posted on

        she has left a will thou

        Reply
        • Replies to Susan Nevill>

          Comment by Ian posted on

          Susan - However you deal with property, you will need to go through probate first as this gives you the authority to act. Also, we only deal with the registration aspect and there may be other legal issues which come into play regarding the administration of the estate.

          As you are unsure of the probate process, you should consider taking independent legal advice.

          Reply
  225. Comment by Gpej posted on

    Hi Adam
    My father passed away and in his will he left his 50% share of his property to me. My mother is still living in the property, but is suffering with dementia. The property was registered as "tenants in common". Do I need to do anything about registering the 50% in my name.( My Mother has also stated the same on her will). but not sure if she will be able to stay in the property much longer due to safety reasons. Thank you

    Reply
    • Replies to Gpej>

      Comment by NimishP posted on

      Gpej - I have responded to your query in absence of my colleague, Adam.

      The decision whether to change the register to reflect that you are part legal owner of the property is yours. We would recommend that ownership details are kept up to date to reduce potential of any fraud occurring.

      I would suggest you seek legal advice from a solicitor if you have one, or Citizens Advice.

      Reply
  226. Comment by julie Clayton posted on

    My neighbour a pensioner, has inherited his father's house, he wants to put his own name on the Land registry, but has been quoted £500 by his solicitor; this is a lot of money to him and he wants to know if he can make the name change without incurring any fees and without the use of a solicitor. Probate has been granted. Please advise.

    Reply
    • Replies to julie Clayton>

      Comment by adamh posted on

      Julie - the executor, as named in the probate, can assent the property to the beneficiary and this is explained in the blog article.

      If the property is registered then forms AP1, AS1 and ID1 for anyone other than the executor should be submitted along with a certified/official copy of the probate.

      The fee is payable under Scale 2 of the fee order on the current market value of the property

      The guidance on Form AS1 links you to what is required
      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
  227. Comment by Judge posted on

    Hello Adam
    My conveyancer is asking for the Deed of Assent for the property I inherited, but I don't remember seeing a document of that name.
    Is it one of the documents the LR supplied when the property was assented to me?
    Thanks

    Reply
  228. Comment by Steven Peach posted on

    My mother died 8 months ago leaving her property jointly to my sister and myself. The property is registered. As part of her will, my mother's 89 year old friend has a right to live there rent free until he dies or requires care and has to move out. He pays the bills and contributes to the maintenance of the property and has no claim on it. My sister and I were granted probate a few months ago and sorted out the rest of the estate with the assistance of a solicitor. The solicitor suggested we get the house registered in our joint names. This will cost nearly £600. Seems such a waste of money if in a few months or maybe a few years we then have to sell the house and transfer it again. Are there any advantages in transferring it now?

    Reply
    • Replies to Steven Peach>

      Comment by NimishP posted on

      Steven - A registered title is guaranteed. If somebody suffers a loss because of a mistake or an omission from the register, they may be able to get compensation provided they have informed the Registry of any any changes.

      Updating the register should also reduce costs later when you decide to sell or transfer the house because it makes conveyancing work a lot simpler.

      It also helps to prevent fraud as we are aware of who the current legal proprietors are and can contact them when required.

      Reply
  229. Comment by NimishP posted on

    s5hez - I have replied to your query in the absence of my colleague, Adam. I am sorry for your loss.

    Though you refer to yourself and your brother as Executors of your father's estate, that can only be accepted legally if you have a Probate. So you do have to obtain a probate in the first instance.

    With regards to changing the register of the title, we do not stipulate that it has to be done by a solicitor. If you or your brother are aware of what you are doing and the implications then you can certainly act for yourselves. We as a government agency can help you with Land Registry related procedural matters, but we cannot help you with anything that can be seen as 'legal advice'.

    If a solicitor's fee is something that concerns you, it may be worth considering Citizens Advice for legal guidance.

    I hope this helps.

    Reply
  230. Comment by Algy posted on

    Adam, An aunt and uncle (who had no children of their own) asked my wife and I to be their executors. When the uncle died the aunt couldn't take care of herself and was admitted to a nursing home. My wife and I retained their house as my wife had Power Of Attorney for the aunt's affairs. Having redecorated it we let it out to tenants to provide additional income to assist with the nursing home fees.
    Now that the aunt has died we would like to take on the property ourselves and obtain a Buy-to-Let mortgage to pay off other beneficiaries. However, we've now found that the property is not registered although we are in possession of the title deeds. As executors we have been awarded Grant Of Probate but are we legitimately permitted to register the property in our names ahead of arranging the Buy-to-Let mortgage?
    If we are permitted, do we need a solicitor or conveyancer as we've handled the proceedings thus far ourselves taking only minimal guidance from solicitors for probate and estate administration?
    Please could you also confirm that it would only be forms FR1 and DL that need completion?

    Reply
    • Replies to Algy>

      Comment by adamh posted on

      Algy - obtaining probate enables the executors to then deal with the property.
      To register the title you would have to take it one step further and register a transfer of ownership either as an assent to the beneficiaries or a transfer say to yourselves.
      That transfer of ownership would then trigger the need to register for the first time and as you state forms FR1 and DL would be required
      https://www.gov.uk/government/publications/first-registrations

      Reply
  231. Comment by Eriq posted on

    Adam,

    I am the sole executor of my late aunt's estate and have
    probate. Her house needs to be transferred to one of the beneficiaries of her
    will - not me. It is a detached house on a single plot. My aunt was the sole
    owner. The property is registered and I have a copy of the registry entry.
    There is no mortgage. The house is leasehold. The Proprietorship Register for
    the house contains only one entry, which states that my aunt and no one else is
    the proprietor.

    Apart from being leasehold, everything else looks fairly
    straightforward and doable using an AS1 in a single pre-arranged visit with the
    transferee to a Land Registry office.

    It would be nice however to resolve a few issues before committing
    to the process:

    1. Exactly which documents will I need to take to the Land
    Registry Office? I think the list is AS1, AP1, ID1 for the transferee,
    transferee's passport, certified copy of the probate and the correct fee. In
    particular, I believe that a certified copy of the deeds for the property is NOT
    needed. Also, that I do not need to verify my identity with an ID1.

    2. The house is in the area served by the Nottingham Land
    Registry Office but it would be much more convenient for the transferee and I
    to meet at the Fylde Office. Would this be acceptable to the Land Registry? The notes that accompany AS1 say that sending the
    application to the wrong office may
    delay things but that would not be a major problem in this case.

    3. In completing box 9
    of the AS1, can I tick the "personal
    representative transfers with full title guarantee" despite the property
    being leasehold? I know of no other encumbrances to the transfer.

    4. I need to tell the leaseholder the details of the
    new owner but do I need to do anything else with respect to the leaseholder?

    Reply
    • Replies to Eriq>

      Comment by adamh posted on

      Eriq - 1 - correct. We don't need the id verified for the executor as named in the probate. You and the transferee would need to attend an office by way of an appointment so you need to give us at least 72 hours notice and ensure that the paperwork as mentioned is in order and completed.
      One thing to note is that we cannot witness the execution of the AS1 .

      2. You can have your id verified and submit the application at any office

      3. Yes
      4. I think you mean freeholder but what you need to tell them would not be anything we can advise on. I imagine they need to know for their own records and or as per any terms mentioned in the lease. I'd have a read of the lease to see if it makes mention otherwise just let them know, especially if there is a service charge to be paid for example.

      Reply
  232. Comment by Trumanation posted on

    Hi Adam

    I'm the sole executor and one of three sons (beneficiaries) of my late fathers estate and would appreciate your advice on whether we are required to notify you of his death and register what is an unregistered property he owned? I'm in the process of applying for probate and understand that once granted this gives me the legal right to sell the property but was unsure of our position on registering the property.

    We would be looking to sell the property in approximately a years time but wasn't sure whether it is compulsory for us prior to the sale to transfer the ownership of the property into our names as beneficiaries or legal owners.

    Secondly, we have also inherited a property from my uncle after a deed of variation transferred the beneficiary from my father onto his three sons equally. We've been advised by a solicitor that for the purpose of selling the property we are not required by law to register the property ourselves and is the responsibility of the buyers to carry out a first registration. Could you advise me if this is the correct process?

    Thanks

    Reply
    • Replies to Trumanation>

      Comment by adamh posted on

      Trumanation - it would only be compulsory to register if you transferred the ownership to say the beneficiaries. The death on it's own doe snot trigger the need to register but transferring it would.

      I should stress that in my experience there is a good chance that the buyer or their solicitor will ask you to register the ownership first before they will buy. And as that can currently take a few months to do it might be prudent to do so now to avoid any delays come the time you want to sell.

      Our Practice Guide 1 explains how to register for the first time
      https://www.gov.uk/government/publications/first-registrations
      and the guidance on Form AS1 explains how the executor can transfer ownership to the beneficiaries
      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1
      Note - the AS1 guidance refers to form AP1 but ignore this and refer to form FR1 instead.

      As your solicitor states there is no legal compulsion to register but as explained a buyer may be unwilling to complete until it is registered

      Reply
      • Replies to adamh>

        Comment by Trumanation posted on

        Many thanks for your reply Adam. As to your answer on that initial point, is there any advantage in transferring the property ownership to the beneficiaries before the sale?
        How I envisage it would work if we didn't transfer the ownership is that the solicitors would simply advise the new owners to register the property for the first time on completion. Am I right in thinking this?

        Reply
        • Replies to Trumanation>

          Comment by adamh posted on

          Trumanation - the advantage is you don't have to pay the registration fee or go through the process of registering full stop.
          Your solicitor can advise the buyers as they wish but as mentioned in my experience buyers will often ask for the title to be registered before buying simply because there is greater uncertainty around the ownership as they are not dealing with an owner/occupier but a third party with limited knowledge of the property etc - it's their choice whether to buy and if their solicitor advises them to not do so as the property is unregistered then it really does not matter what you or your solicitor advise.
          Selling a property often comes down to making it as easy as possible for the buyer and removing any doubts and/or minimalising the risks for them

          Reply
          • Replies to adamh>

            Comment by Trumanation posted on

            Again, thanks for answering my questions. You have been very helpful.

  233. Comment by David posted on

    Hi
    My brother died intestate in March 2015. My sister and I were granted letters of administration. His sole asset was his house. His girlfriend, who had no financial interest in the property had left him in 2011. We have now discovered that she had placed a restriction on the sale of his property by a 'sole proprietor' Does this still apply now as we are considering selling it

    Reply
    • Replies to David>

      Comment by adamh posted on

      David - I assume you mean a form A restriction which restricts a sole surviving legal owner's ability to deal with the property for capital monies if they act alone.
      And that the girlfriend was also a joint owner?
      Can you email me at customer.service@landregistry.gsi.gov.uk with the address details as it may be more helpful to relate the enquiry to the actual specifics

      Reply
  234. Comment by Belle posted on

    Hi. We recently had an offer accepted on a property where the owner had passed away. We were led to believe she solely owned the property. 4 months on we find that her ex husband (who is still alive) name is on the title deeds. We are waiting to exchange but he has refused to sign a form to remove his name from the deeds in order to sell the property to us and has now placed an injunction on the house. He and the other beneficiaries want the sale to go ahead but they are wrangling over their share of the proceeds. Is this something you have come across before and how long does it take to sort out?

    Reply
    • Replies to Belle>

      Comment by adamh posted on

      Belle - this sort of 'wrangling' is not something we would be involved in or aware of as it relates to the beneficial interests of those concerned rather than the legal title which we register.
      As and when it is resolved and the property is transferred for example we are then advised through an application to change the register but at no point are we made aware of the issues that arose in reaching that point.

      IN some ways you could argue that if they agree it needs to be sold then they could sell it and then have their argument over the proceeds of sale afterwards - that is though for them to decide.

      Reply
  235. Comment by Diane Barbara Louie Tilley-Tho posted on

    My mother is frightened of my brother he has now got her to make him a powers of aterny.she has made it clear that the house has to be shared,but he isn't having any of it and states it's his he hastried for 15 years to get his own hands on the family home can he legally claim it when my mother passes or an I claim my share anybody got any useful info p,ease

    Reply
    • Replies to Diane Barbara Louie Tilley-Tho>

      Comment by adamh posted on

      Diane - power of attorney relates to someone giving another person certain powers to act on their behalf when they are alive. I would recommend that you establish what type of power he has been given and get legal advice t understand the powers involved.

      If your mother has a will then this is likely to come into play when she dies and someone would then have to apply for probate. The executor named in the probate would then deal with her estate, inc the property, in accordance with her will. I would again recommend seeking legal advice and check whether she has a will or not.

      Reply
  236. Comment by Marlene Whittier posted on

    My son died 10 years ago with no will, he was 23. We had purchased our home together a year prior, my name was not on the mortgage or deed. I am executor and only survivor. The Probate recognized me as half owner of the property as I participated financially as half owner. I have the documentation from Probate to prove half ownership. How do I move forward to assume ownership?

    Reply
    • Replies to Marlene Whittier>

      Comment by Ian posted on

      Marlene - I am sorry to hear of your loss.

      The personal representative(s) named in the probate or letters of administration have the authority to deal with property. For example, to sell the property or 'assent' to the person(s) who inherit it as referred into in the blog post.

      But how the law works with regards to the deceased's estate is not something we deal with or can advise on. We deal with the legal ownership and not the beneficial one so we do not see or deal with the aspect of whether or not a will exists as that relates to the beneficial ownership.

      The GOV.UK online guidance may be of interest in this respect - https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

      It is for you and any others named as the personal representative(s) by the Probate Registry to decide if you understand the legal implications of whatever you are doing and are happy to proceed on that basis or whether you prefer to use the services of a conveyancer.

      I would suggest reading the available guidance and then consider seeking legal advice if you are still unsure about how things works in the circumstances you have explained.

      Reply
  237. Comment by NimishP posted on

    Hi Iacomus - As the property was held as Tenants-in-Common and both the registered proprietors are deceased, we would expect a Probate or Letter of Administration for each of the deceased proprietor's estate.

    Reply
    • Replies to NimishP>

      Comment by iacomus posted on

      Thank you Nimish. Both of my grandparents left the property to a sole beneficiary. If the property is sold, does the Title first have to transfer to the sole beneficiary or can it be sold and transferred directly to the new owners?

      Reply
      • Replies to iacomus>

        Comment by NimishP posted on

        Iacomus - It is not legally necessary to have the title transferred in the name of the beneficiary, if the intention is to sell the property. Provided it is agreeable to the buyer and their legal representative, the title can be transferred straight to the buyer as long as the appropriate documentary evidence, i.e. Probate or Letter of Administration, is produced with the application to change the register.
        If the intention is not to change the title first, I would recommend you use our Property Alert service to ensure you are aware of any applications that may be lodged at Land Registry and prevent fraud against the title. See https://www.gov.uk/guidance/property-alert

        Reply
  238. Comment by Diana posted on

    My mum passed away in 1981 and my father remarried in 1981 and his wife moved into the house .
    My father just passed away and she saying everything left to her but my father had a will ...
    She got 2 kids from her previous marriage .
    Would I be able to contest the will when she dies !

    Reply
    • Replies to Diana>

      Comment by adamh posted on

      Diana - I am afraid we do not deal with wills or the beneficial estate and as such I would recommend that you seek legal advice on that point.

      We deal primarily with the legal estate, namely the property, and would not normally have sight of a will for example. As such how the property is now dealt with can depend on who were the registered owner(s) was/were.

      Whilst that does not negate any will for example it can impact on how those involved then seek to deal with the legal estate and wider beneficial estate and whether executors are needed through probate

      Reply
  239. Comment by Robert posted on

    I am attempting to purchase a ground floor floor flat as a share of freehold.

    The seller is deceased, and did not have a will so is being sold by the next of kin.

    The other co-freeholder is under the impression that they are now the full free holder (refusing to sign the tr1) and on land registry the freehold is now in their sole name.

    Surely this cannot be the case? The freehold was originally joint between the deceased and co-freeholder. Is there anything that can be done in this situation?

    Reply
    • Replies to Robert>

      Comment by adamh posted on

      Robert - the legal title, namely the property, can pass on death to a sole surviving registered proprietor/owner so the title appears to have been updated on application quite correctly.

      It is the beneficial title, namely the deceased's share in the freehold title which is at issue here and I assume that the joint owners had entered into some form of agreement/deed over who owned what share for example.

      The executor for the deceased owner should be pursuing that aspect with the surviving freeholder as a result. And I would recommend the executor takes legal advice to resolve this.

      Reply
  240. Comment by Berni posted on

    Hi, my mom has passed away and in the will her estate is to be divided between us 4 kids. We are not selling the house for 12 months, I have spoken to land registry about this they advice that you don't have to change the estate into out names, but advise it as it will stop anyone from selling it under our feet. One sibbling who is one of the executor is saying no as it will cost 1000s. I'm really confused as land registry said £40 for me and my sister who is not an executor in the will. Pleeeeease help with my confusing problem.

    Reply
    • Replies to Berni>

      Comment by NimishP posted on

      Hi Berni - I am not sure what the 1000s that your sibling has mentioned about relates to so cannot comment on that. Land Registry fees on updating the register are calculated on the current market value of the property and based on Scale 2 of our Fees Order.
      While it is always better to keep the register of the title up to date to prevent any fraud or other problems, however, ultimately it is up to the beneficiaries and the executors of the estate to decide what they wish to do. We cannot tell you anything that would sound as legal advice.

      Reply
  241. Comment by NimishP posted on

    Hi Francis - I am responding to your question in absence of my colleague, Adam.

    The executors can certainly transfer the ownership of the land or property. They would need to complete the relevant Land Registry forms and send the application to Land Registry along with the appropriate fees.

    Please refer to our Practice Guide 6 - Devolution on the death of a registered proprietor for more information - https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

    Hope this helps.

    Reply
  242. Comment by NimishP posted on

    Rosie - It depends on what authority your uncle has to deal with the land / property. If he has authority to act on behalf of the proprietor(s) then he is legally entitled to do so.

    Reply
  243. Comment by NimishP posted on

    John - It would be up to the person appointed as Executor of the deceased person's estate to effect any changes in conjunction with the surviving partner.

    Please refer to the guidance on Wills, probate and inheritance on the Gov.uk website - https://www.gov.uk/wills-probate-inheritance/overview.

    Hope this helps to answer your query.

    Reply
  244. Comment by NimishP posted on

    Valerie - we cannot advise you about the debt and other issues that go along with it. You need to speak to a solicitor or Citizens Advice on the matter.

    You refer to assuming the mortgage and title to the house being transferred to you. However, it is not clear from what you have stated if this has happened and the property is in your name. I would suggest you confirm this in the first instance. Please refer to our guidance on how to search for property information from Land Registry - https://www.gov.uk/search-property-information-land-registry
    Hope this helps.

    Reply
  245. Comment by Ceinwen Howells posted on

    not sure what to do my Aunt passed away in Feb this year she left a will and I am sole benificary and executor I have gone through every thing and obtained the grant of propate I have the deeds of her poperty and have now put house on market, I have never had any reason to look before but I know find the house is still only registered to her late husband he passed away in 2007, he had left a will leaving every thing to his wife but as there was no big estate only their home I believe my Aunty thought that it was on joint as they has been paying a small morgage when he died which she then payed back, before receiving deeds I saw to his funrel expenses etc and informed penssions etc,my Aunty was still running her own affairs so I only did what I was asked never questioned it, it was my Uncles wish that I was to inherit if his wife had died before him, not sure now what to do ?

    Reply
    • Replies to Ceinwen Howells>

      Comment by NimishP posted on

      Ceinwen - if the property is still registered in your uncle's name, then I am afraid you will first have to obtain a Probate for his estate. Depending on that you can then proceed with changing the register.

      Reply
      • Replies to NimishP>

        Comment by Ceinwen Howells posted on

        Thank you, as I Have a just gone through this for my Auntie and have had certificate of probate. Its seem like going backwards as My Uncle Died eight years before , is it possible to speak to some one in probate office, or will I need a solicitor to sort this out, did my Auntie myself thanks

        Reply
        • Replies to Ceinwen Howells>

          Comment by adamh posted on

          Ceinwen - the probate office will be able to assist on how to apply for probate.
          There is no obligation to use a solicitor as g=far as I am aware

          Reply
  246. Comment by edna posted on

    my husband and I bought our house as joint tenants in common. he died in 2009, and I now wish to sell the house to buy another. our wills stated that when either of us died the other inherited the property, But... on both our deaths my half would go to my family, and his half to his family. I need to know if I can still sell the house??

    Reply
    • Replies to edna>

      Comment by adamh posted on

      Edna - if you registered as tenants in common and the title refers to a form A restriction, whereby a sole surviving proprietor cannot take receipt of capital monies, then you cannot sell on your own.

      In such circumstances you would normally need to appoint someone to act with you on any sale with the capital monies (the purchase price) then being divided in accordance with any wills/wishes etc - in this case with his family

      Practice Guide 6 goes into some wider detail around the impact of tenants in common/form A restrictions in these cases but focuses on the registration requirements primarily.
      https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      In the circumstances I would recommend seeking legal advice as we can only advise

      Reply
  247. Comment by disqus_El2aH5mxSP posted on

    My mum passed away suddenly with no will and no assets only her home, which my sister and her family are living in, there's just the two of us. As my mum sorted everything in all our lives, now she's gone we don't have a clue what to do, we have sorted banks etc it's just the house, ultimately my sister wants to buy my share and stay there, (but doesn't have the funds) do we need probate which one of us needs it, we started sorting it but it's just so confusing, it's making me ill,

    Reply
    • Replies to disqus_El2aH5mxSP>

      Comment by adamh posted on

      If Mum had no will then you will need to apply for Letters of Administration from the Probate Service. IT is broadly the same as probate but is used where no will has been recorded.

      It may not matter which of you applies but the Probate Service may be able to cover this for you.

      Once obtained the LoA can then be used to Assent (form AS1) the title as explained in this blog article.

      Reply
      • Replies to adamh>

        Comment by disqus_El2aH5mxSP posted on

        Thank you, if the house is going to be in my sisters name, would it be easier/ cheaper for her to apply or does it really not matter, and do we need a solicitor or can we do it ourselves, finances are really stretched at the moment between everything but time is ticking by and my health is suffering from the shock and worry of it all and I know it needs to be sorted, I've tried CAB but they just keep referring me to web pages that don't answer any of my questions,

        Reply
        • Replies to disqus_El2aH5mxSP>

          Comment by adamh posted on

          For 'ease' then I suspect your sister applying for LoA herself and then completing the transfer of ownership would be the better option.
          But that really is something you have to decide and agree upon with her.
          There is no need to use a solicitor to complete the process but it is important that you both understand any wider issues around the inheritance and liabilities (if any) that arise in these situations.

          I would suggest applying for LoA first and then focusing on clarifying what financial/tax implications there are for example

          Reply
  248. Comment by Jan Ruff posted on

    My husband is the sole heir to his grandfathers estate..its went through probate..but 1 tract of land wasnt listed in the will and his grandfather bought it with someone and they're also deceased...we are planning on using a acre to put a house on it...but this is how we found out about the joint tract that we will have to go across to put our house on the other side....what do you do in a situation like this.

    Reply
    • Replies to Jan Ruff>

      Comment by adamh posted on

      Jan - you are going to need wider legal advice on probate/inheritance law and to to understand how the joint ownership was to be dealt with after their deaths for example.
      If the land is registered then this will help confirm their joint ownership but what is likely to be as important is how they held it as joint owners.
      It may also be appropriate to check if the other owner had a will and whether anyone has obtained probate for them also

      Reply
  249. Comment by Neil Bailey posted on

    I have been granted probate for my late mother's estate. She owned outright a small leasehold flat, valued at £180,000 which she has left to me. Could you advise which forms I need to complete and what fees are payable please?

    Reply
  250. Comment by Aydee posted on

    After the sudden death of my brother, it took us sometime to decide what to do with his estate ( he passed in may). my mother got the letters of administration as he left no will or married/kids etc. we are now looking to sell his property but the estate agent says we have to get the property in mothers name to sell the flat, is this true? or can we sell the flat still in his name?

    Reply
    • Replies to Aydee>

      Comment by adamh posted on

      Aydee - if the property is registered then normally the letters of administration give you the means to sell without registering it in your name first.

      Reply
      • Replies to adamh>

        Comment by Aydee posted on

        sorry do you mean if property is registered with you then it can be sold?

        Reply
        • Replies to Aydee>

          Comment by adamh posted on

          Aydee - yes. If it is unregistered then a buyer may ask you to register it first

          Reply
          • Replies to adamh>

            Comment by Aydee posted on

            thank you for your help very much

  251. Comment by David White posted on

    Hi Adam,
    I am executor to my fathers estate & he has left a property with a big garden.There are 4 beneficiarys and 2 want to try to split the land and sell as building plot although we have a covanent on the deeds which does not allow that.The land will be small and planning difficult plus covanent removal etc.
    As executor I want to sell the house now as it stands which would have been Dads wish..........Can I do that without being legally contested? Many Thanks David

    Reply
    • Replies to David White>

      Comment by adamh posted on

      David - you need legal advice to cover this I'm afraid.
      We deal with the legal title, namely the property, so are not involved in the legal issues around the will, inheritance and the legal obligations attached to being an executor for example.

      Probate enables the executor to deal with the legal title/property and that is what we then register. Whether they are acting in accordance with a will or the beneficiaries wishes is not something we would be involved in

      Reply
  252. Comment by JANET MILLS posted on

    My mother died and left her house to us three siblings. My brother is executor. My brother told us to sign over our portion to him because the house couldn't sell with so many names on the title.. After we signed over our share to him via Quit Claim Deeds, he took the house off of the market and kept it for himself. I found out that the house was never in my name.The deed read:Jane Doe, Janet Doe, my deceased mother's name was still on the deed 2 years after her death. He told us the estate was insolvent but I found out that the house is valued at 200,000.00 The recorder told me that my brother and I signed the house over to him as Legal representatives of my mother.. What can I do to get my inheritance as per my mom's will? Is this a crime?

    Reply
    • Replies to JANET MILLS>

      Comment by adamh posted on

      Janet - you would need legal advice.
      You refer to a Recorder and your Mom though so is the property in England or Wales or elsewhere?

      Reply
  253. Comment by Georgie1980 posted on

    Hi

    I own a house (tenants in common) with my father. He passed away recently. In his will it says my brother and sister are the excutors and if mum survives for 28 days after him everything goes into her name.

    One can I as joint owner (live elsewhere) rent it out (with/without executors consent?
    Does my property need to go through probate?
    Should it be meorhisestate (executors in meantime) be paying mortgage etc ?
    If will says it goes into her name after 28 days is that it?

    Thanks

    Reply
    • Replies to Georgie1980>

      Comment by adamh posted on

      Georgie - there is a limit to the advice we can give and I am afraid we cannot provide legal advice which is what you will need here for the questions being asked

      If you are a joint registered owner then probate will not be needed as if the property is to be transferred for example then that would be for you to do as the sole surviving registered owner.

      Reply
  254. Comment by Kashif Siddique posted on

    My Father passed away in 2013 in Saudi Arabia. I am still waiting for the death certificate. He left a will and left me the house and all his assets. I just wanted to check how could I get the deed transferred to my name.

    Reply
    • Replies to Kashif Siddique>

      Comment by adamh posted on

      Kashif - if the property was registered in his sole name then you will need to obtain probate and then transfer the title into your names by way of an Assent
      This is explained in the blog article

      Reply
  255. Comment by Stephanie Ann McGee House posted on

    I'm curious about this topic, my mother died over a year ago, I m her only survivor. A realtor contacted me about selling it. I've not done anything with it, but she tells me I can sell it without probate because of the time past and lack of other survivors

    Reply
    • Replies to Stephanie Ann McGee House>

      Comment by adamh posted on

      Stephanie - if your mother was the sole owner then you will need probate I'm afraid in order to deal with the property, for example sell it or transfer it into your own name

      Reply
  256. Comment by Deva posted on

    My husband left a will naming me, sole heir but not having put my name on the Deed. I have just filed the Probate papers that I did myself (fingers crossed). Question is now what... do I wait for the Grant of Probate and then need to contact the local Land Registry? How much will it cost to get the paper I need with my name on the Deed? thanks Deva

    Reply
    • Replies to Deva>

      Comment by adamh posted on

      Deva - once you have probate you can transfer the title into your name by way of an Assent (form AS1) - the blog article explains this for you and links you to the online guidance re forms/fees

      Reply
  257. Comment by joy braybrook posted on

    My brother died and as next of kin his house comes to me,. I also have probate. i have filled out the form AP1, but they are asking me '' if I want to be registered as personal representative or would like his death noted on the register'' I don't know, I just want the deeds changing into my name.

    Reply
  258. Comment by SteveH posted on

    Hi, My wife's father died four years ago and her Mum continued to live in the house. She is getting old and so we are arranging to down-size her house and move her to be closer to her kids. We put the house up for sale and got a buyer. We have just found out however that the deeds were soley in her dead husbands name. He did not leave a will. Will she now have to go throught through the probate system to be able to sell the house?

    Reply
    • Replies to SteveH>

      Comment by NimishP posted on

      Hi SteveH - I am afraid if the property was in your wife's father's sole name, and there was no will, then a Letter of Administration would be necessary in order for any change of ownership to be registered.

      Reply
  259. Comment by Elaine Bruce posted on

    Hello - I have bought my sisters out on an informal basis - can you tell me the forms and docs I need to transfer my late mother's property into my name please?

    Reply
  260. Comment by Sue Jones posted on

    My husband died 4 years ago and I very naively buried my head in the sand. As far as I was concerned our house was paid off years before he died, therefore I had nothing to worry about. It's only recently occurred to me that I may have needed to do something with regards to the deeds. The deeds were solely in my late husbands name - how do I go about doing anything about this? I take it if I were to want to sell or let out the house, the deeds would need to be in my name or if I wanted to do any extensions to the house. I'm worried now that I've left things so long and that I'm going to be in trouble.

    Reply
    • Replies to Sue Jones>

      Comment by adamh posted on

      Sue - such times can be very traumatic but you won't be in any trouble for leaving things until now so please do not worry.
      The key thing will be obtaining probate and everything else normally flows from there
      If you email me at customer.service@landregistry.gsi.gov.uk with the specific details re the property then I can take you through what needs to happen next

      Reply
      • Replies to adamh>

        Comment by Sue Jones posted on

        Hi Adam,

        Thank you for your response, I have been stressing that I may have broken the law not sorting out things with the house sooner. I don't understand probate, was kind of left to my own devices when my hubby died and just couldn't face anything. Only things I really did was sort out bank accounts and bills.

        What sort of details do you require about my property?

        Kind Regards

        Sue

        Reply
        • Replies to Sue Jones>

          Comment by adamh posted on

          Sue - the postal address really

          Reply
  261. Comment by maddie posted on

    Hi, There is an empty property next to mine has been vacant for 6 months and I am trying every method to track down the person now in charge of it. I'm trying to see if I can negotiate a private deal before it is 'possibly' auctioned out to the open market. The owner died and it is still register to her and the neighbours do not want to give us the solicitors details. It is not on the probate register an and bar ringing round all the solicitors, I am not sure what else I can do. I spoke with a solicitor for guidance and they said that there was nothing.

    Reply
    • Replies to maddie>

      Comment by adamh posted on

      Maddie - if the owner has died then the beneficiaries will have to go through probate to then deal with the property. This can take quite a while to achieve in some cases but until they do then there is little you can do I suspect.

      In my experience a note through the door with your details is the only likely way to get their attention but obviously wording it the right way can be important

      Reply
  262. Comment by Caron posted on

    Hello

    When dealing with an unregistered property is it only the 'Administrator' for probate who is allowed to submit First Registration (FR1) into their name? And does then a second application (TA1) have to be submitted to put the title into all beneficiaries names (in this case there are 2. One being the administrator). Or can the FR1 form be completed at the sametime as the AS1 form to ensure that all beneficiaries are protected at the point of first registration?

    Can you also please confirm does a TR1 form get completed in cases where a property is sold? In this particular case the intention is to see the property, however we understand it is better to first register the property. It is important that all beneficiaries are protected and would like advice on what forms should be completed during this process.

    Regards

    Craig

    Reply
    • Replies to Caron>

      Comment by adamh posted on

      Craig - anyone can actually apply so iot does nto have to be the administrator or beneficiary for example.

      If you are seeking to register the property for the first time and then sell it the Administrator would need to transfer the ownership to the beneficiaries as appropriate. This would trigger the need to register for the first time.
      As the property is unregistered there are no prescribed forms to use other than the forms FR and DL. However you can use a form AS1 to complete the transfer from the A to the Bs.

      A TR1 would then be used to Transfer the property on sale for example and the buyers would then apply to register this as and when the sale was completed

      Reply
      • Replies to adamh>

        Comment by Caron posted on

        Thank you for your helpful advice. Regards

        Reply
  263. Comment by Paul Letchford posted on

    Hi,
    My sister and I are joint executors of my late parent’s estate for which we have received a grant of probate. My parent’s wills clearly set out how their estate should be shared amongst the named beneficiaries on a percentage basis. Three of the beneficiaries wish to purchase the house from the estate by paying the estate the difference between their allotted inheritance and the market value of the property which was assessed by a number of local estate agents and an RICS surveyor.
    Can you please advise what forms will need to be completed to transfer the property (which is registered) from my parents to the three beneficiaries?
    Can you also confirm that as executors, my sister and I are legally entitled to sell the house?
    Many Thanks

    Reply
    • Replies to Paul Letchford>

      Comment by adamh posted on

      Paul - the named executors are legally authorised to deal with the legal estate, namely the property.
      As executors they would transfer the title to the beneficiaries by way of an Assent and this blog article explain how to do this and links you to the online forms and guidance you need

      If after reading the blog and the online guidance/forms you have any questions then you can call our support team on 0300 006 0411 or email us using our Contact Us option
      http://landregistry.custhelp.com/app/contactus_general/

      Reply
  264. Comment by runner99 posted on

    Hi, if for example there are joint executors for an estate and the property has been split 50/50 between those executors, what is the situation regarding sell or rent choices. By this I am asking if both executors must agree on the decision therefore no unilateral choice by one of them?

    Reply
    • Replies to runner99>

      Comment by adamh posted on

      runner99 - if they are joint executors under the terms of the probate then they would need to act jointly

      For example if they are both named as executors then we would need them to both transfer ownership

      Reply
      • Replies to adamh>

        Comment by runner99 posted on

        Thanks for that response. When you say 'transfer ownership' that means jointly to the executors? Regardless of whether one wants to sell and the other rent then ownership must still be taken by both inheritors/beneficiaries initially? Then if the property is sold transfer to the new owners in the normal way? Thanks but I am not familiar with these points.

        Reply
        • Replies to runner99>

          Comment by adamh posted on

          runner99 - I don't follow your meaning but it reads as if you are more concerned by what the executors can or cannot do and that is not something we can advise on and you may wish to speak to a solicitor familiar with probate law

          From purely a registration perspective when an owner dies and probate is granted the executors are then able to deal with the deceased's estate. That estate comprises both the legal estate (the property) and the beneficial estate (monies, belongings etc)

          The executors are expected to act in accordance with the deceased's will and as such will often either transfer the ownership to the beneficiaries under that will or sell the property and pass the monies form the sale to the beneficiaries after all other costs have been resolved.

          If there are two executors then we would expect both to complete a transfer of the legal estate.
          If there is a disagreement over what to do, namely sell/lease, then this is something for them to resolve between themselves and I would assume that the beneficiaries would have some say as well as ultimately it is they who might challenge any action (or inaction) on the part of the executors.

          Reply
          • Replies to adamh>

            Comment by runner99 posted on

            Thank you, that clarifies things.

  265. Comment by BIG EnZ posted on

    Hi there,
    If a property is split 50/50 tenants in common, and one owners dies but the other also then obtains letters of administration, can the property be transferred in its entirety to a sole third party or must a DJP be lodged to assent the entire property first and then transferred?
    If so, can the transfer be lodged with the DJP or how much time must elapse before the transfer can be made?
    Thanks in advance.

    Reply
    • Replies to BIG EnZ>

      Comment by NimishP posted on

      Hi BIG EnZ - Yes, the property can be transferred in one single transaction to a third party provided the relevant evidence is lodged with the application. We would be expecting the Transfer to be executed by the surviving proprietor and the executor named in the Letter of Administration for the deceased proprietor together with a copy of the Letter of Administration being attached.
      Hope this answers your question.

      Reply
      • Replies to NimishP>

        Comment by BIG EnZ posted on

        Thanks NimishP, most helpful.
        What if the surviving proprietor and the executor were the same person?

        Would you guys understand what is being requested if there was just the one name on the transfer forms together with Letters of Administration, and assume that this person is acting on behalf of both themself as surviving proprietor AND executor for the deceased's half?

        Or should I enclose a cover letter just to clarify?

        Reply
        • Replies to BIG EnZ>

          Comment by NimishP posted on

          Big Enz - The Letter of Administration would help to clarify the situation, however, there is no harm in including a cover letter.

          Reply
          • Replies to NimishP>

            Comment by BIG EnZ posted on

            once again, most helpful. Many thanks

  266. Comment by Katie Halford posted on

    my husband has passed away and i have inherrited the house however the land registery shows that my deased husband is the owner of the property??? is there something i should have done?

    Reply
  267. Comment by Maxine Harper-Woods posted on

    Hello My Father recently passed away, the family home is registered in his name. We have the Title Deeds and other papers from the Land Registry, there is no mortgage on the property. My Mother is still alive and we would like to know how to transfer the Deeds into her name please. My Father didn't leave a Will.

    Reply
  268. Comment by Peter Simonson posted on

    My father left 40% of his property to myself in his will upon the death of his wife. I have just discovered that the property was held jointly by my father and his wife (not my mother). Does this mean that the property is transferred solely to her name and that and the will as written by my father is void?
    Thanks

    Reply
    • Replies to Peter Simonson>

      Comment by NimishP posted on

      Peter - we register legal rather than beneficial ownership of land or property. We would, therefore, not be aware of anything that goes on behind the scenes.
      If two people were registered as Joint Tenants and one of them died, the title on production of appropriate evidence (e.g. Death Certificate) would be registered in the name of the sole surviving proprietor.
      See the guidance on our website on Gov.uk on Joint property ownership - https://www.gov.uk/joint-property-ownership
      Hope this answers your question.

      Reply
  269. Comment by Jay Smith posted on

    My mother and father own a property as joint owners. My father recently passed away. They have been separated for around 20 years and my father did not live in the uk. My mother does. The property is registered. In order to transfer the property in my mother's name do we simply need to send across the form DJP and a copy (original) of the death certificate? The death certificate is in French as such is it still valid or would we need it to be translated? I assume we do not need to obtain a copy of probate?

    Many thanks,

    Jay

    Reply
    • Replies to Jay Smith>

      Comment by NimishP posted on

      Jay - sorry for your loss.
      If your parents held the property as joint tenants, then all we need is an application in form DJP accompanied by the Death Certificate. Where the document is not in English, we would require an official copy of the Death Certificate accompanied by a certified translation.
      Hope this helps.

      Reply
  270. Comment by Simon de Vial posted on

    Hello

    My parents were tenants in common in equal parts of their house, and that is how the house is registered. My father has died and as an executor of his will can you advise what forms/process to complete. He has nominated myself and my 3 brothers/sister to hold his share upon trust (my mother will continue to live in the house as long as she wants)

    I have been granted probate.

    many thanks

    Simon

    Reply
    • Replies to Simon de Vial>

      Comment by NimishP posted on

      Simon - Assuming that the intention is to replace your father's name with others, the person named as executor of your father's estate on the Probate, and your mother would have to transfer the title to whoever is to be registered as legal owners. We would require a transfer in form TR1, accompanied by an application form AP1, and official or certified copy of Probate. If there is no solicitor acting, then we would require identity verification in form ID1 for each of the individuals that are legally unrepresented. Finally there is a Land Registry fee, which is calculated on current market value of the property.
      I hope this answers your query. If you have any specific questions, I would suggest you email us at customer.service@landregistry.gsi.gov.uk with property details.

      Reply
  271. Comment by Kelly Talbot-Sykes posted on

    My husbands father died died ten years without leaving a will, it all went to probate and my husband and his fathers ex partner (mother of my husbands young brother) were made joint executors. Without any permission or discussion she moved into this property saying it was the best for his young brother as familiar surroundings. My husband left this as she refused to communicate and it was left until the child turned 18. He now has but all correspondence is being ignored. The house is still registered in his deceased father, could my husband change that into his and his brothers name without her signature?

    Reply
    • Replies to Kelly Talbot-Sykes>

      Comment by NimishP posted on

      Kelly - we cannot advise on what can be done as it depends on the terms of the Letter of Administration or Probate. Your husband needs to seek legal advice from a solicitor or Citizens Advice.

      Reply
  272. Comment by Barbara Rollett posted on

    I am completing the transfer of my deceased sons estate to his wife as executor with letters of administration, he has two properties one owned in his sole name with no mortgage and one owned jointly with his wife which forms do I need to complete please.

    Reply
    • Replies to Barbara Rollett>

      Comment by NimishP posted on

      Barbara - sorry for your loss.
      For the property that is solely in your son's name, you need to lodge an Assent in form AS1 together with an official or certified copy of the Letter of Administration. There will be a fee payable on Scale 2 of our fees order based on current market value of the property.
      For the property that is in two names, if it is held as Joint Tenants, they all we require is a form DJP together with a official or certified copy of the Death Certificate. If the property was jointly held as Tenants in Common, and is now to be owned solely by his wife, then you will need to submit a form RX3 in addition to the form DJP and the evidence of death. The form RX3 would be to remove the Form A restriction the would have to been noted on the title to reflect the Tenants in Common status.
      Please refer to our Practice Guide 6: Devolution on the death of a registered proprietor for more information by clicking on the attached link: https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
      I hope this helps.

      Reply
  273. Comment by Democrat posted on

    One of the three owners of a property died in Nov 2014 and yet she is still listed as an owner. Has the executor failed in her duty?

    Reply
    • Replies to Democrat>

      Comment by adamh posted on

      Democrat - once the probate has been issued the executor(s) are then able to deal with the deceased's estate. That can take some time and the property may just be one part of the whole estate.
      There is no legal requirement to notify us of the death for example but as and and when the property is transferred, be that on sale or to say a beneficiary, then that would trigger the register being updated.
      So at this stage and from purely a registration perspective there has been no failure of duty I would suggest

      Reply
  274. Comment by Robert Walker posted on

    I am the executor. Do I need to get the property transferred if I wish to let it before probate is granted?

    Reply
    • Replies to Robert Walker>

      Comment by adamh posted on

      Robert - you won't be able to do anything until probate is granted
      Once you have that then you would deal with the estate and presumably transfer the title to the beneficiary before renting it out

      Reply
      • Replies to adamh>

        Comment by Robert Walker posted on

        Interesting. I had a contrary view from a solicitor. With the bills on the property mounting up before the probate has been granted it would seem to me that an executor has a duty to preserve the value of the estate. One way of doing this would be to rent the available property.

        Reply
        • Replies to Robert Walker>

          Comment by adamh posted on

          Robert - we are not experts on probate law so always rely on your legal advice but without probate anyone dealing with the property may find it very difficult to prove that they have the legal right to do so without probate having been granted.

          Reply
  275. Comment by Troy Hall posted on

    If your renting to own a home an in the owners will the house is to be sold after they pass an you have not finished paying for it can it be sold out from under you even though you have an agreement to rent to own on it

    Reply
    • Replies to Troy Hall>

      Comment by adamh posted on

      Troy - something you will need legal advice on I'm afraid as we cannot tell you what rights you may have in such circumstances

      Reply
  276. Comment by David Lewis posted on

    Hello, My father has recently died and the land registry entry is in joint names with my mother. How do I go about changing the entry into my mothers own name. She is starting the process of selling the house, do we need to change the entry or can we just wait until the sale goes through?

    Reply
    • Replies to David Lewis>

      Comment by adamh posted on

      David - the blog article links you to the online guidance and form DJP which can be used to update the register in these circumstances.

      However if the property is being sold then there is no need to do this prior to the sale as the buyer will rely on a certified copy of the death certificate to enable them to proceed normally but do check with them if that is ok for their purposes