Mum not on house Deeds!

LCK73

Hi, can anyone provide initial advice. I know I might need to see a solicitor.
My dad has just died. He was married to my mum. They have both lived in their house forever!. My mums name isn't on the house deeds. My dad left a will which left everything to mum.

What do I do to get the house officially registered in my mums name.

There is only a limited amount of savings to transfer from my dad to my mum £5k, so I didn't think I would need to go thru probate (whatever that is!), but now we have found out that mum isn't on the deeds, maybe its gotten a lot more complicated....

Anyone with some initial advice please?

Thank you so much for anyone who takes the time to read and even respond.

POPPYOSCAR

Sorry to hear about your dad.

As far as I am aware your mum can apply to Land Registry to get the Title Deeds changed into her name direct or go through a solicitor to do it (which will cost more)

Why not give them a ring? I have always found them to be very helpful.

System

Unfortunately as the house was solely in your father's name then probate IS required.

RedFraggle

Just as general advice the gov.uk website is actually quite good.
https://www.gov.uk/wills-probate-inheritance
I wish I had read through this stuff before my Dad actually died.
Sorry for your loss.

Mojisola

LCK73 wrote: »

My dad has just died. He was married to my mum. They have both lived in their house forever!. My mums name isn't on the house deeds. My dad left a will which left everything to mum.

What do I do to get the house officially registered in my mums name.

There is only a limited amount of savings to transfer from my dad to my mum £5k, so I didn't think I would need to go thru probate (whatever that is!), but now we have found out that mum isn't on the deeds, maybe its gotten a lot more complicated....

It has. If your Mum and Dad had been joint tenants, the house would be hers and no probate would be needed.

Because she is inheriting the house from your Dad, probate will be required.

Don't worry about trying to get things done in a rush. It's hard just after a death to take everything in so read up on stuff and take your time.

Land_Registry

As others have stated you will need Probate and RedFraggle's link is useful to understand that part of the process

Once you have Probate you can then 'deal' with the property, in your case assent it to your mother as the beneficiary. Our online guidance explains what is required inc links to the forms AP1 and AS1.

I always recommend that you/mother seek legal advice as well simply to cover the basics of what happens next as there may be other options to consider from a financial/legal perspective. And although the loss is very recent now is often a good time to consider what may happen in the future as well.

For example if your Mother decides to sell then there may be no need to register her as the owner or it may be prudent to put the property in joint names, hers and yours?

I am afraid I can't offer legal/financial advice but others on here may be able to give you a steer around the options available from their own experiences.

margaretclare

It used to be fairly common for house deeds to be in the man's name only, the reasoning was that he went to work, paid the mortgage and she was the housewife only i.e. with no money input into the household finances. Not the way people think now, thank goodness. She could be left without a roof over her head.

Browntoa

My 84 year old mums done this on her own direct to the land registry , she was surprised how quick and easy it was with the correct paperwork to back it up

LCK73

Thanks, all very reassuring. I will apply for probate myself (via my mum as she is executor) and then apply to Land Registry once I have taken financial advice on the best 'prudent solution'.

If the bank release the house deeds to my mum today, without her having a 'grant', then do we still need to go through probate in order to change things at land registry? I understand that some institutions are more strict than others on 'grants' being needed.....anyone know this?

Land_Registry

If you intend to keep the property and register it in Mum's name then Probate will be required. Probate provides the executor with the authority needed to deal with the legal title and in this case Mum as executor would be assenting the property to herself as beneficiary

getmore4less

Land_Registry_representative wrote: »

As others have stated you will need Probate and RedFraggle's link is useful to understand that part of the process

Once you have Probate you can then 'deal' with the property, in your case assent it to your mother as the beneficiary. Our online guidance explains what is required inc links to the forms AP1 and AS1.

I always recommend that you/mother seek legal advice as well simply to cover the basics of what happens next as there may be other options to consider from a financial/legal perspective. And although the loss is very recent now is often a good time to consider what may happen in the future as well.

For example if your Mother decides to sell then there may be no need to register her as the owneror it may be prudent to put the property in joint names, hers and yours?

I am afraid I can't offer legal/financial advice but others on here may be able to give you a steer around the options available from their own experiences.

You may want to edit your post if you stand by that last statement