Property not registered with Land Registry

terryw

TBagpuss wrote: »

You will need to show the paper trail so yes, deeds, death certificate & will.

The fees you have been quoted are reasonable if you get a solicitor to do the work. You are not required to have one but it is advisable - also, I think you will need an ID1 form if you do it yourself - this is a form to verify the ID of the person going on to the deeds, and has to be signed by a solicitor or in person at the Land registry. Many solicitors will not complete the forms, or will not do so without opening a file and doing their own proper ID verification etc, so you may find that you don' save much my DIYing (unless you live close enough to the relevant land registry office to go in in person)

Riles about what type of change of ownership required First Registration have changed over time - if your granddad died in 1970 then at that time there was no obligation to do a first registration where someone had died, only where a property was sold (possibly not then - compulsory registration was done at different speeds in different counties, starting in 1925 - can't remember off hand when it became universal!)

For what it is worth I have made first registrations three or four times in my life and I had no problems. Send the requisite paperwork as mentioned to the LR with the application form and the fee. The LR will be in touch in the unlikely event that they require anything else. If by some unlikely chance there is something you can't supply then that is the time to consider a solicitor. Certainly £300 plus vat is a good enough reason to diy. But as solicitors fees go £300 is reasonable. The op's choice really.

As regards the ID form. If not doing this at the LR for free, then ring around. My daughter recently sold a property herself and after ringing around took the cheapest quote £10 rather than the most expensive £75

G_M

terryw wrote: »

As regards the ID form. If not doing this at the LR for free, then ring around. My daughter recently sold a property herself and after ringing around took the cheapest quote £10 rather than the most expensive £75

or if paying a solititor for something else, eg a new will, they may well verify the ID for free.....

saabay

You say the solicitor who administered your grandfather's estate holds the original will. They have not administered it properly if the property remains in his name. That said, there may be a valid reason why they didn't at the time.


You will need the original grant of probate or, if it wasn't taken out at the time, you will need to apply for it. The deeds and will are not sufficient for registration as only the grant of probate gives the power to his executors to deal with the estate. You will also need the executor to 'Assent' the property into your mother's name. That's a Form AS1. That will then trigger the first registration.


The first thing you need to find out is whether a grant of probate has already been taken out.

wwl

saabay wrote: »

You say the solicitor who administered your grandfather's estate holds the original will. They have not administered it properly if the property remains in his name. That said, there may be a valid reason why they didn't at the time.

You will need the original grant of probate or, if it wasn't taken out at the time, you will need to apply for it..

Surely if the solicitor holds the original will, probate can't have been granted as this requires the original will

Land_Registry

Just to add a few points of clarification as to what we would (or not) require here

If the deeds end with the grandfather then then to register it now, voluntarily, the executor, as name din the probate, would need to assent the ownership to the beneficiary.

Although the property has been 'left' to some and lived in by others for example the starting point will be the grandfather's estate and I assume whoever obtained probate at that time.

His death would not have triggered the need to register at that time and as nobody dealt with the estate in so far as assenting the property (the legal estate) to the beneficiary for example nothing has changed.

That is not unusual and there is no compulsion to register on death but there is when it is dealt with, namely assented or transferred to a new legal owner. If that is what is happening now then that will trigger a compulsory first registration and not a voluntary one.

Our requirements re evidence of identity are explained here

You will need to make an appointment giving at least 72 hours notice and the application and ID verification must both be in order for us to accept the application.

We do not need to see the will - probate is the key document here as it provides the named executor to deal with the deceased's estate.