Deeds - change to surviving spouse.

Mojisola

kingstreet wrote: »

Fair enough. Thought it was worth a mention.

It is worth older couples looking at their wills if they think the survivor will need care - most older people don't go into residential care.

There are drawbacks to passing some or all of the ownership on to the children so it's not something to do without considering these.

G_M

doloresdavies wrote: »

..... I have been told the Land Registry First registration form will suffice, !

Who told you this?
Is the property already registered with the land registry, or is it unregistered?
The 'First Registration Form' would apply if the property is NOT already registered (ie in dad's name).
You can check by paying £4 to the Land Registry here.

If it IS registered (but in dad's name) then transferring to mum's name is quite easy once you have probate - I believe you use form TR1 supported by the Probate documents, but if you ring the Land Registry they will advise you. Generally very helpful.

Land_Registry

As G-M correctly states if the property is unregistered then an application in form FR1 is required.
If the property is registered in the sole name of your late Father then the executors (as named in the probate) can Transfer the property to your Mother using forms AP1 (application form) and TR1.
We provide an online Public Guide 9 - What to do when a land owner dies which provides guidance on what to do in certain situations which you should find helpful. The required forms are also available online.
From your earlier posts it would appear that you have already established that the property is officially unregistered. If that is the case then Section 5 of PG9 is relevant to you.
Our Customer Support Centre (0844 892 1111) can assist with completion of our forms and general guidance as to how to make the application but cannot provide legal advice.
In the circumstances mentioned already above with regards your Mother's age and future dealings with the property it might be prudent to seek some legal advice with regards the current situation relating not only to the ownership of the property but also her own will and future circumstances before proceeding.

doloresdavies

A few points- I was speaking to the HMRC chap about any potential repayment of tax for the year, bemoaning the amount of form-filling to be done. In chatting I told him about the bungalow being only in dad's name. He was the one who told me I didn't need probate as the Land Registry forms would be sufficient to change the name on the deeds. The property has NOT been registered. But the forms I have downloaded seem to be very complicated, and written in legal terms. All I want to know is simple and straight forward - will the LR change the name or do I need Probate? Thank you

G_M

The property has NOT been registered. But the forms I have downloaded seem to be very complicated, and written in legal terms. All I want to know is simple and straight forward - will the LR change the name or do I need Probate? Thank you

They cannot just 'change the name' if they do not already have a name registered!

If the property is not registered, then you need the 'first registration' process, which is more complicated as you will have to prove to the LR that your dad owned the property in the first place!

And yes, either way (registered or not), you need probate - otherwise how would the LR know that your mum is entitled to own the property?

doloresdavies

Even more confused -and frightened too. So many people have told me so many different things! I have got the Deeds in my possession with my dad's name on them. I have got his Will where he left everything to my mum, with her as Executor. If I have to go to probate I hope the forms are easier than the LR ones. So Probate is/are the ones who can change the name to mum's? What is the benefit of registering the bungalow with the LR if it hasn't been done before and Probate can do what needs to be done? Regarding finances - I have got 3rd party authorization on her bank account, Barclays said it could be joint but at the time I thought it would still allow mum a bit of independence, now I'm not so sure.

zzzLazyDaisy

doloresdavies wrote: »

Even more confused -and frightened too. So many people have told me so many different things! I have got the Deeds in my possession with my dad's name on them. I have got his Will where he left everything to my mum, with her as Executor. If I have to go to probate I hope the forms are easier than the LR ones. So Probate is/are the ones who can change the name to mum's? What is the benefit of registering the bungalow with the LR if it hasn't been done before and Probate can do what needs to be done? Regarding finances - I have got 3rd party authorization on her bank account, Barclays said it could be joint but at the time I thought it would still allow mum a bit of independence, now I'm not so sure.

Okay, there are two steps here.

First the probate office cannot transfer the property from your Dad's name to your mum's name. But you need probate because the land registry cannot do anything without it as probate is a legal requirement in order to transfer the title of the property from your dad's name to your mum's name on death.

Secondly, the point of having the deeds registered is that this is also a legal requirement. All unregistered property must go through the first registration process on a transfer of ownership. Most properties are now registered as compulsory registration has been in place since the 1990's, but there are still some properties around that have not been sold or transferred since compulsory registration came in, and they must be registered when a transfer takes place - such as the transfer from your Dad's name to your mum's name.

I suggest that you start by contacting the probate office. They are very good and will talk you through every step of the procedure. I certainly wouldn't suggest appointing a solicitor to deal with this as it really isn't complicated, and theprobate office are very helpful in my experience.

However, if you/your mum can afford to use a solicitor to deal with the first registration of the property once probate is granted, you might think it is worth the expense to get the paperwork taken care of (to be honest that is what I would do, but I dislike all the faff involved with conveyancing and I could afford to use a solicitor if necessary, so that may not be much help to you). In any case, you can always phone round a few local solicitors and ask for a ball-park figure for first rehistration when the deeds are available and probate has already been obtained, and at least then you will know what you are looking at.

hth

Dx

xylophone

http://www.hmrc.gov.uk/inheritancetax/intro/probate-process.htm
When a grant of representation is usually needed
You will almost certainly need a grant if the estate includes:
assets generally worth more than £5,000 in total (though again this figure varies)
land or property in the sole name of the deceased, or held as ‘tenants in common’ with someone else
stocks or shares
some insurance policies

G_M

Look, you clearly have no idea what you are doing. Sorry to be blunt but...

And a freebie forum where different people will give different advice, and where you are not fully explaining the situation anyway is NOT the place to find out.

You need proper advice.

1) http://www.justice.gov.uk/courts/probate Contact them and find out about probate, and what to do about the will

2) Registered? Contact and pay £4 to check

3) http://www.landregistry.gov.uk/ Contact them and ask what forms you need, and what supporting documents, and how to do it

4) Get a solicitor. Pay to find out what you are doing otherwise you are just going to f**k up the whole process and get your knickers into even more of a twist!

Mojisola

G_M wrote: »

Look, you clearly have no idea what you are doing. Sorry to be blunt but...

And a freebie forum where different people will give different advice, and where you are not fully explaining the situation anyway is NOT the place to find out.

You need proper advice.

1) http://www.justice.gov.uk/courts/probate Contact them and find out about probate, and what to do about the will

2) Registered? Contact and pay £4 to check

3) http://www.landregistry.gov.uk/ Contact them and ask what forms you need, and what supporting documents, and how to do it

4) Get a solicitor. Pay to find out what you are doing otherwise you are just going to f**k up the whole process and get your knickers into even more of a twist!

Blunt indeed but right!

doloresdavies - you have to comply with the laws regarding wills and property ownership. As you don't know the laws, use the links above to go through the process, step by step, or pay someone else to do it. If you don't do things right now you'll just create a bigger mess that will have to be dealt with in the future.