joint property issue

dave76

I am going through the probate forms at the moment and found something I am a bit unsure of about the house.

The house was jointly owned by my mother and father and both names are on the land registry paperwork (I have just purchased the latest version of this from the LR).

My father died over 30 years ago but the land registry title wasn't updated. Now my mother has died and we will be selling the house at some point. Does the fact my father is still named as owner cause any issues? I assume I put down the full amount of the property on the probate forms as my fathers share would have passed to my mother when he died, but not sure if I'll have to provide any kind of proof of my fathers death when we come to sell (we haven't come across his death certificate as yet although I am sure we can purchase a copy from the Registry Office).

thanks

G6JNS

dave76 wrote: »

I am going through the probate forms at the moment and found something I am a bit unsure of about the house.

The house was jointly owned by my mother and father and both names are on the land registry paperwork (I have just purchased the latest version of this from the LR).

My father died over 30 years ago but the land registry title wasn't updated. Now my mother has died and we will be selling the house at some point. Does the fact my father is still named as owner cause any issues? I assume I put down the full amount of the property on the probate forms as my fathers share would have passed to my mother when he died, but not sure if I'll have to provide any kind of proof of my fathers death when we come to sell (we haven't come across his death certificate as yet although I am sure we can purchase a copy from the Registry Office).

thanks

You need to get the LR record updated but this may be possible to do when it is sold. The LR and the buyer's will want proof. A copy of the probate for your late father's will is needed. The death certificate only proves he died but doe not tell who inherited the property.

dave76

ok, as far as I know there would have been no will for my father and no records have been found so far regarding his death, no probate documentation etc. Can I still get a copy of the Probate from the Probate office? There may not even have been probate if there was nothing to do - his half would just have gone to my mother?? Perhaps a call the Probate office is in order to see what they say.

Mojisola

dave76 wrote: »

I am going through the probate forms at the moment and found something I am a bit unsure of about the house.

My father died over 30 years ago but the land registry title wasn't updated. Now my mother has died and we will be selling the house at some point. Does the fact my father is still named as owner cause any issues?

It won't be a problem. When my Mum died, almost everything was jointly owned with my Dad and we didn't need probate for the remaining small amounts.

Their house wasn't registered so the solicitor just added a death certificate to the house deeds. When we voluntarily registered the death later on, it went through without any problems.

Land_Registry

In such circumstances it is normal for the evidence of your Father's death to be proven by the Death certificate alone - as you say you should be able to obtain one or an official copy. The Gov.UK guidance will help.

If Father had no recorded will and the property passed to your Mother directly then it is unlikely that Probate was applied for so as you say one probably never existed.

Issues only tend to arise if your father's share was supposed to go elsewhere but your solicitor will be able to cover this for you although your posting suggests no such complications existed.

The seller will check the registered title and see both Mother and Father registered. His death certificate and your Mother's probate will confirm that both are deceased and the Probate will name the executor(s) who are then able to complete the sale (Transfer).

As such I suspect the details as posted will not cause any issues re the sale of the property but your conveyancer can check/clarify things for you. Worth getting a copy of the death certificate now though although I doubt if obtaining one takes too long.

Note - Mojisola has confirmed things from own experience at roughly the same time as I posted

dave76

wonderful - thanks for the replies. Will try and hunt out my fathers death cert or get a copy.