Changing name on title deeds.

sailgill

My morher in law has recently died leaving her house to her two sons. They now need to have the deeds changed to reflect the change of ownership, has anyone done this? Is it a simple matter or do we need to go through a solicitor?

Richard_Webster

Are the sons going to keep the property or sell it?

Who are the executors of the mother-in-law's estate?

sailgill

They're keeping the house, one lives in it. Both are the executors.

Richard_Webster

If the title is already registered at the Land registry then download forms AS1, AP1, and ID1 from the LandRegistry.gov.uk website, print them out, complete and sign them and submit them with the relevant fee (depends on value of land) and an official copy of the probate to the Land Registry for your area.

If you have look at these forms, and particularly the identity one, that require you either to go to the Land Registry or have your ID certified by a solicitor/conveyancer etc, you can decide whether you think you can deal with it yourselves or have a solicitor do it for you.

sailgill

Thanks for that Richard.
The land isn't registered as my mother in law has been in it since about 1940. I have down loaded AS1, AP1 and FR1 but what is ID1?
Also the house is split 55% to 45% would this be a problem?

Richard_Webster

Frankly if it isn't registered will you know what documents to include? I think this is probably a case where you do need a solicitor.

In Panel 10 of the AS1 you complete the third option beginning: "they are to hold the property on trust:" with "for themselves as tenants in common as to Fifty Five Percentum (55%) for XX and as to Forty Five Per Centum (45%) for YY"

The ID1 is the identity certificate which you will have to get completed by a solicitor or conveyancer or you have to both attend at a Land Registry to have it checked. If you have to involve a solicitor in the ID check then that reduces the saving by not using one, and unless you understand unregistered titles you could easily get confused and miss things out.

sailgill

Thanks Richard.
We've had a look at it all and decided, as you also suggested, that as it isn't registered they'll get the solicitor to do it.
Probate was reseasonably straight forward but this looks a lot more complex.
Gill

simpywimpy

My mother died two years ago and we havent bothered going through the probate yet as my dad is still living in the house. When he dies, the whole house will pass to me so do you think we are safe just to wait and do both probates at once and transfer the house to me?

they are listed as tenants in common on the deeds

Forever_Forest

My grandparents are still showing as the registered owners of their house (land registry) and they've been deceased for 10 years. Is this right? Also, is it right that a lender is still being stated on the Title?

Thanks for any insight, I'm a little confused by this.

dzug1

Forever_Forest wrote: »

My grandparents are still showing as the registered owners of their house (land registry) and they've been deceased for 10 years. Is this right? Also, is it right that a lender is still being stated on the Title?

Thanks for any insight, I'm a little confused by this.

If nobody's done anything about it, then well yes it is 'right' even if not correct.

DVardysShadow

simpywimpy wrote: »

My mother died two years ago and we havent bothered going through the probate yet as my dad is still living in the house. When he dies, the whole house will pass to me so do you think we are safe just to wait and do both probates at once and transfer the house to me?

they are listed as tenants in common on the deeds

Missed this one.

There is a thread elsewhere, dealing with the aftermath of a similar suituation. It can lead to a gap in title which can be quite offputting to a future buyer. If Dad is and executor of mother's estate and the job is not done of transferring title, then there is a technical issue over closing mother's estate, though it may be more for joint tenants, where inheritance is via the surviving partner.

Take professional advice.