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Land registry
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Whilst not wishing to move the thread into one around the merits of DIY conveyancing I would comment as follows
When a person dies, whether they own property or not, there is an 'estate' to be dealt with, a will (or not) to be considered and beneficiaries to be recognised.
If you include a property into that as well and the deceased is the sole owner then probate will be needed
Solicitors are invariably familiar with probate law, the writing and reading of wills, IHT and so on as well as the conveyancing aspects re a property.
A solicitor should also be aware of what 'options' are available re the property and it's ownership as well as of course the writing of wills for the new owner and how best to protect any future beneficiary's interest.
Invariably now is the time to have such discussions as whilst the death can be quite recent, applying for probate can take several weeks and require a degree of research as you now know.
Once probate is achieved thinking about what then happens re the property; what may happen in the future; and how best to protect your Mother's ownership (and even your own further down the line if that is what is intended) is recommended.
There is a lot to consider and dealing with the property and registering it is just one part, which like probate can be done relatively easily through form-filling.
If the property was already registered then dealing with it would probably be much simpler from a registration perspective but all the other points being mentioned would still need to be considered. The main reason for that is that the registered title deals with the legal title whilst the other aspects relate to the beneficial ownership and that is where the legal advice is also required.
But it is just one part of dealing with your late Father's estate and as such we always recommend taking legal advice“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Hi, I've got a question about property deeds. If the person who is on the deeds is still alive can you still change the deeds at the land registry to someone else?0
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Yes with their permission, or Power od Attorney.
SamI'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.0 -
Yesterday I received a letter from the Land Registry (Coventry Office):
'Please note that our document handling process changed on 30 June 2014. When you send us original documents we now make a scanned copy and destroy the original.
IMPORTANT: Please do not send ANY original copies of documents such as:
-probates
-death certificates
-birth certificates or
-marriage certificates
Please also do NOT send any copies of bank cards, passports or bank statements. Evidence of identity should only be in form ID1 or ID2 which should be fully completed.'
I have no idea what an ID1 or ID2 is, no other reference in the paperwork, although I do have a page that just has 2 of 2 in the bottom RHC and nothing else.0 -
savethepandas wrote: »Yesterday I received a letter from the Land Registry (Coventry Office):
'Please note that our document handling process changed on 30 June 2014. When you send us original documents we now make a scanned copy and destroy the original.
IMPORTANT: Please do not send ANY original copies of documents such as:
-probates
-death certificates
-birth certificates or
-marriage certificates
Please also do NOT send any copies of bank cards, passports or bank statements. Evidence of identity should only be in form ID1 or ID2 which should be fully completed.'
I have no idea what an ID1 or ID2 is, no other reference in the paperwork, although I do have a page that just has 2 of 2 in the bottom RHC and nothing else.
Forms ID1 (private individual) and ID2 (company) are our evidence of identity forms. These are used as part of our identity verification processes.
Some applicants will send us the ID documents referred to on the forms in error. The forms should be completed either by a conveyancer or by our staff only and the ID evidence then checked before completing the forms.
I assume from your post that you have sent an original document from those listed, namely probate, death certificate, birth certificate or marriage certificate.
If you don't know what an ID1 or ID2 is then it seems safe to assume you did not send one of these.
The letter is a generic one designed to cover a number of eventualities“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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