Moving my mums house into my name

JackieR2 · 14 June 2017 at 4:51PM

I have been working with a solicitor to handle probate and everything that comes with it but having looked at what they have actually done Im not that happy. Basically they have slowed the process down by several weeks, taken everything to a level of best practice that was not needed and filled in a few forms.

We now have the probate and I am considering taking things from here myself, I am okay with the bank accounts and other financial assets but I am unsure what needs to be done to transfer the house into my name, I am the executor and sole beneficiary of the estate.

Ive done a little searching but am not sure where to start with this, I am sure it will just be a matter of sending someone some documents and filling out a form which I would like to think I can do myself. Has anyone experienced this before?

Thanks

Yorkshireman99 · 14 June 2017 at 4:56PM

JackieR2 wrote: »

I have been working with a solicitor to handle probate and everything that comes with it but having looked at what they have actually done Im not that happy. Basically they have slowed the process down by several weeks, taken everything to a level of best practice that was not needed and filled in a few forms.

We now have the probate and I am considering taking things from here myself, I am okay with the bank accounts and other financial assets but I am unsure what needs to be done to transfer the house into my name, I am the executor and sole beneficiary of the estate.

Ive done a little searching but am not sure where to start with this, I am sure it will just be a matter of sending someone some documents and filling out a form which I would like to think I can do myself. Has anyone experienced this before?

Thanks

Is the property registered? If so it is an easy DIY job. You need to remember that solicitors are bound by a set of rules intended to protect the client. This means they can't cut corners in the way a lay executor may choose to do. Too late now but for future reference you could probably DIY the whole thing quite easily.

getmore4less · 14 June 2017 at 4:57PM

Is there any secured debt like a mortgage.

Is the house in her sole name?

Keep_pedalling · 14 June 2017 at 5:13PM

What are you planning to do with the house? If you plan to sell you don't need to to do the transfer.

FreeBear · 14 June 2017 at 11:30PM

Yorkshireman99 wrote: »

Is the property registered? If so it is an easy DIY job.

Even if the property isn't registered and the OP has the deeds along with a complete conveyancing history, it is still possible to DIY it.

If the property is registered, you just need to complete an AS1 form (downloadable from the Land Registry) and send it off with a copy of the Grant of Probate along with the appropriate fee.

Should the property not be registered, you will need to complete the FR1 form and supply all the original documentation (and another fee). There will be a delay of several months before the LR will complete their work if a first registration is triggered. For a simple assent, they should be able to turn it round in a matter of weeks.

I had to do an assent & first registration myself last year once I'd managed to track down the deeds - Saved the best part of £1,000 in solicitors fees.

JackieR2 · 15 June 2017 at 1:29AM

thanks for the replys so far.

the house is in her name, it is paid for and there is no debt.

I think the solicitor has the deeds however the house might be in joint name of her and my dad but my dad passed away over 20 years ago.

Im going to keep the house and live in it.

Given the above would I just be able to move into it and do nothing? I dont see anyone coming to throw me out and whats the harm of it been in her name?

Yorkshireman99 · 15 June 2017 at 3:23AM

It will be far simpler to deal with if it is registered in your name now than in ten years time if you want to move.

getmore4less · 15 June 2017 at 6:59AM

JackieR2 wrote: »

thanks for the replys so far.

the house is in her name, it is paid for and there is no debt.

I think the solicitor has the deeds however the house might be in joint name of her and my dad but my dad passed away over 20 years ago.

Im going to keep the house and live in it.

Given the above would I just be able to move into it and do nothing? I dont see anyone coming to throw me out and whats the harm of it been in her name?

You can just move in

no one really cares who owns(legal ownership) a property as just about everything is done on occupation.

Even when you come to sell, if you have the keys and look like you live there EA will happily market the place without checking.
(the eventual buyers will however want to check the ownership )

IT will be worth collecting all the information to sort it out
If still in joint names you need death certs and maybe both wills.

Even if you don't get round to it in your lifetime(best you do) the paper trail documented for whoever comes next will be a real help to them

Mojisola · 15 June 2017 at 8:12AM

JackieR2 wrote: »

I think the solicitor has the deeds however the house might be in joint name of her and my dad but my dad passed away over 20 years ago.

Im going to keep the house and live in it.

Given the above would I just be able to move into it and do nothing? I dont see anyone coming to throw me out and whats the harm of it been in her name?

There's nothing to stop you moving into it straightaway but you've already got the complication of the ownership not being changed when your father died.

It will have to be sorted out when you sell or when you die. Either way, it will be easier to deal with it now.

Brighty · 15 June 2017 at 10:33AM

Check on land registry to see if it is registered on their online system. If it is, the old paper deeds are irrelevant. It will also show you if the property is registered in just your mums name or dad's as well.
If registered online, you just need to send land registry forms AS1 and ID1 (you'll need to visit a solicitor to get your ID verified), mums death cert (dads too is he is still on the register) and the probate cert.

You say you have probate, is the cert in your name as executor and the solicotor was just acting on behalf, or is the solicitor the executor? That might complicate things

Land_Registry · 15 June 2017 at 10:40AM

As FreeBear posted if you are the executor and beneficiary then form AS1 is the legal deed to use if the property is registered. You would also need an application form AP1. Our online guidance linked to explains more.

If it's unregistered then the transfer to yourself triggers the need to register. So Practice Guide 1 and forms FR1 and DL are needed plus the deeds etc

If you don't know if it is registered and/or if in their joint names then you can check the register online. If it's not there then the odds are it is unregistered.

We would not normally need sight of the will(s) when dealing with a registered property. We deal with the legal ownership and wills really relate to the wider estate inc the beneficial ownership. Probate is the key document.

Whilst you do not have to register your legal ownership as others have posted it might be the best thing to do. Sorting things out at aorund the time they happen can make things much easier as and when you need to prove you are the legal owner for some other reason.

Moving my mums house into my name

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