Deeds - change to surviving spouse.

doloresdavies

Hello there, First post so forgive any errors please! My dad died, when we looked at the Deeds, my mum's name isn't on them, just his. So we need to transfer them to her. I have been told the Land Registry First registration form will suffice, but the forms I have downloaded are HORRENDOUS for an amateur!!!! And being a bit thick -wouldn't the first registration be just for registering the property? Not changing the owner's name????? I hope someone will tell me what to do before I have to go to the expense of getting Legal advice. My poor old mum wakes up every day fearing that 'someone' will come along and turf her out of her home!

99sc1610

One way to deal with it would be for any executors of your father's estate to tranfer the property to your mother using form TR1. You will need to include a copy of the grant of probate.

CLAPTON

is there a will?; if so, what does it say?

zzzLazyDaisy

Have you been through probate? If not contact your local probate office and they will tell you what to do. The procedure differs depending on whether there is a will or not, but the probate office are used to helping bereaved relatives who are not used to dealing with this sort of paperwork.

You need to get probate because there is property involved.

Once you have done that, the transfer of the house into your mum's name is easy.

In the meantime, no-one is going to take her home away - it is her home and you just need to get the paperwork sorted.

Good Luck!

Dx

doloresdavies

It was the Inland Revenue chap I spoke to who told me that as my dad didn't have anything to leave, no savings, no assets, no stocks or shares...no nothing in fact other than a few pounds he took to hospital to pay for newspapers etc.....that we didn't need to go to Probate. He left a Will where he left everything he had to my mum, and she was his Executor. At the time he wrote it she was fit and able, now she is in her 80s and disabled and deaf and slightly confused...she can't do anything except worry! If we went to probate would the deeds be transferred into her name?

CLAPTON

doloresdavies wrote: »

It was the Inland Revenue chap I spoke to who told me that as my dad didn't have anything to leave, no savings, no assets, no stocks or shares...no nothing in fact other than a few pounds he took to hospital to pay for newspapers etc.....that we didn't need to go to Probate. He left a Will where he left everything he had to my mum, and she was his Executor. At the time he wrote it she was fit and able, now she is in her 80s and disabled and deaf and slightly confused...she can't do anything except worry! If we went to probate would the deeds be transferred into her name?

With respect, there is NO way that HMRC told you that your father had no assetts, saving, etc. as there is no way they can know that.

Maybe you told him your father had nothing (forgetting to mention the house) and then he would have been correct that probabate was unnecessary.


If there is a propery involved then you need probate. If your mother can't do this herself then either you (and your siblings if application) must do this or you need a solicitor (slow and expensive).

zzzLazyDaisy

But he did have something to leave - the house, which was in his sole name.

That is a pretty big asset.

If the house was held in joint names you would simply send the death certificate to the land registry with the appropriate form and the house would be transferred into her name.

As it is, there is a will leaving everything to your mum, and an asset that means that probate is necessary. Once you get probate (which is a fairly straight forward process) you send the Letters of Probate to the land registry with the form and the house will be put into her name.

One thing you may need to check though - is the house already registered with the land registry, or is it still old-style unregistered land? The reason I ask is because you said the land registry referred you to the first registration forms.

If it is all too complicated, you can instruct a solicitor to deal with this, but there will be a cost and it really isn't necessary.

One other thing - given the age of your mum, you should get on and sort this out and also make sure she has made a will. If anything happens to her it would be just another unnecessary complication, if this isn't sorted out.

Mojisola

zzzLazyDaisy wrote: »

One other thing - given the age of your mum, you should get on and sort this out and also make sure she has made a will. If anything happens to her it would be just another unnecessary complication, if this isn't sorted out.

And think about setting up Power of Attorney for your Mum before she gets any worse.

kingstreet

We should think about this for a minute.

The property becomes the mother's asset the minute it's transferred at the LandReg and that means it becomes fair game for a Local Authority if she needs care.

I suggest the family consider a Deed of Variation/Family Arrangement of the father's will, transferring the property to the children instead. This can be done for upto 2 years after his death IIRC.

This now needs legal advice IMHO.

Mojisola

kingstreet wrote: »

We should think about this for a minute.

The property becomes the mother's asset the minute it's transferred at the LandReg and that means it becomes fair game for a Local Authority if she needs care.

I suggest the family consider a Deed of Variation/Family Arrangement of the father's will, transferring the property to the children instead. This can be done for upto 2 years after his death IIRC.

This now needs legal advice IMHO.

It's too late now. Her spouse has died and willed her the house. If she does a DOV, it will be seen as deprivation of assets.

kingstreet

Mojisola wrote: »

It's too late now. Her spouse has died and willed her the house. If she does a DOV, it will be seen as deprivation of assets.

Fair enough. Thought it was worth a mention.