House still in MIL's name

itsanne

My MIL died some time ago and the family is now ready to sell her house which is still in her name. The family is considering buying the freehold but have been told that the house should be in my SIL's name as she is the executor. Is this correct?

Thanks

jaybeetoo

How long ago did MIL pass away?

itsanne

Approximately three years ago. Probate is fine. The reasons for delaying the sale have been sorted.

getmore4less

there should be no need to transfer the property to the executors name sell from the estate.

Crabapple

The Executor would normally sell by producing the Grant to show entitlement to sign transfer deeds etc, there is no need for the house to be transferred into her name first.

Also, that would incur unnecessary Land Registry fees.

Land_Registry

itsanne wrote: »

My MIL died some time ago and the family is now ready to sell her house which is still in her name. The family is considering buying the freehold but have been told that the house should be in my SIL's name as she is the executor. Is this correct?

Thanks

The other posts are quite correct as Probate provides the executor(s) with the ability to deal with the legal estate, namely the property.
However you do not state who has told you that the house should be in your SIL's name?
For example if you are seeking to buy the freehold as part of any enfranchisement process then there may be a reason for insisting on registering the executor?

Our online guidance explains how you can deal with the property either by registering the executor or assenting/transferring the property to a third party.

itsanne

Land_Registry_representative wrote: »

The other posts are quite correct as Probate provides the executor(s) with the ability to deal with the legal estate, namely the property.
However you do not state who has told you that the house should be in your SIL's name?
For example if you are seeking to buy the freehold as part of any enfranchisement process then there may be a reason for insisting on registering the executor?

Our online guidance explains how you can deal with the property either by registering the executor or assenting/transferring the property to a third party.

Thank you. My sister-in-law is executor but asked my husband to find out about buying / extending the freehold. He phoned the council offices to find out what needs to be done. That's when he was told the house should be in SIL's name.

My original thinking about selling the house without transferring it appears to be correct, as you and the other helpful posters have confirmed. We were not convinced about the accuracy of the information given, hence the question. I would have thought that transferring the house into SIL's name would cause complications in addition to Land Registry fees, eg the house becoming SIL's and as such liable for tax on the purchase price as it would not be her main residence. (There is no possibility of any dispute / acrimony between the three siblings in any of this, so that is not a factor.)

Land_Registry

Thanks for confirming that itsanne - as far as the legal title is concerned then yes transferring the property into SIL's name would attract a registration fee. The tax issues are not something we deal with though.

It may be worth clarifying things with the council in writing to explain the circumstances and asking them to confirm what is required.