father left no will, house in his sole name right to buy

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
5 replies 1.5K views
bethan27bethan27 Forumite
22 Posts
edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
Hi,

I wonder if you can help me please. My father sadly passed away 1 month ago without a will. My mum and dad had been married for 37 years. They bought their council house a number of years ago but as the tenancy was in my fathers name solely, the house was also only put into his name when it was bought under the right to buy scheme. The solicitors at the time advised them to make a will but they never got round to doing it. I wonder if you can tell us how we go about getting the house transferred into my mothers name?

We have never had to deal with anything like this before and would welcome any advice given. I would prefer to not use a solicitor if possible as know how costly they can be.
Thank you in advance

Replies

  • RASRAS Forumite
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    In the absence of a will, the intestacy rules apply. These are different Scotland to those in England and Wales. http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm

    In the absence of the will, mum or yourself can obtain letters of administration (E&W). The Probate Office can advise on process http://www.justice.gov.uk/courts/probate. Once these are granted the house can be registered in the names of those who inherit under the intestacy rules.

    If these rules cause a problem because of the value of the house and ALL inheritors agree, a deed of variation can be done.

    There is loads of information here http://forums.moneysavingexpert.com/showthread.php?t=344578
    The person who has not made a mistake, has made nothing
  • madbadrobmadbadrob Forumite
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    How long your dad had owned the house before his death comes into question with a right to buy as well. Depending on the council it could be as long as 7 years that you will have to pay a fee to the council for in others its 3 years. Probably worth checking

    Rob
  • bethan27bethan27 Forumite
    22 Posts
    Thanks very much for your helpful advice. When the letters of administration have been obtained, who do we contact to transfer the house into my mothers name?
  • TonyMMMTonyMMM Forumite
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    Instructions and forms available from the Land Registry
  • Land_RegistryLand_Registry Organisation Representatives - Private Messages may not be monitored
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    TonyMMM has pointed you to the online FAQ information which should help to guide you through the process.

    If the property is in England & Wales and registered then once you have the Letters of Administration it should be fairly straightforward to complete the change of ownership.

    madbadrob refers to the discount element attached to the RTB aspect - the registered title may refer to this as a 'discount charge' and refer to the date that it 'subsists' to i.e. when it expires. If Dad bought the property before January 2005 then 3 years is normally the common indicator but 5 years if after January 2005. If the date has passed or the 3/5 years has elapsed then the entry would be cancelled automatically when the application to change ownership was registered.

    Transferring the legal ownership into your Mother's sole name is relatively straightforward although there are a number of forms to complete. People will often use a conveyancer/solicitor as they are also dealing with the deceased's estate but it is also often a good idea to get legal advice on whether putting the property in her sole name or joint names with someone else might be a good idea long term.

    Just something to add to the mix and on which others may be able to advise and/or which is covered in the other thread which RAS has linked to
    Official Company Representative
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