Changing owner of house years after they died

Diggler_UK

Hi all - try to make this simple as possible.

My father has been diagnosed with terminal disease, so we putting his affairs in order now with his involvement of course.

My mother and father divorced in 2007 so he could remarry same year (they were separated for a long time but still married).

My dad's dad (my grandfather) bought his house off council many years ago and house still registered in his name on Land Registry though he died around 15 years ago.

Mum living there now - she paid off his remaining mortgage so house mortgage free.

Dad wants to ensure that my mother is able to keep the house and live there (with my younger brother) - and therefore for the house to be left to myself and my brother when she dies.

I suppose that as the registered owner is no longer alive, it will then technically be owned by his next of kin - my father (he was only child).

So if he puts in his will that the house should be left to my brother and I - would this suffice?

Or is there a way to change the name on the title deeds to me and my brother if no will was left by my grandfather, while my father is still alive to "allow" this as he would be next of kin.

Apologies - is a complicated issue. I think that we may need to use a solicitor in the end....


Derek

Land_Registry

Diggler UK - in order to deal with the legal ownership of the property letters of administration (no recorded will) or probate (recorded will) would be required for your grandfather.

Once that is obtained the adminstrator(s)/executor(s) can then either register it in their capacity as As/Es; Transfer it to any beneficiaries, for example next of kin or those named in any will; or sell it and divide the proceeds of sale according to the will or next of kin.

The laws of intestacy are though not something we can advise on so understanding whether the property/sale monies go to the next of kin or whoever is something you would need to get wider advice on.

The key points from a registration perspective are
1. the legal ownership is in essence what the land register refers to
2. The beneficial ownership, namely who is entitled to what re your grandfather's estate is quite separate
3. As the registered owner is dead letters of administration/probate will be needed to deal with the legal ownership and to transfer it to a beneficiary or third party

If after wider investigation it is decided that you will apply for letters of administration/probate and that you can put the legal ownership into you and/or your brother's names then our guidance on how to transfer the ownership will assist. However establishing what can be done re your grandfather's estate is probably the first step here.

Diggler_UK

Thanks for the advice. Appreciated.