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Land registry Question

Hi,

In 2011 my mum passed away, and everything was passed to my dad (as per the will). There was only a small savings account and ISA so the solicitor (executor) suggested we handle it directly with the bank.

Last month Dad passed away. The solicitor is going to renounce the will so I can deal with probate (change in personnel and little confidence in them). I've been to the land registry to obtain a copy of the deeds (?) to the property and noticed that it's in Mum and Dad's name.

Before I commence with probate (which include transfer of IHT from Mum to Dad) do I need to get the Land registry details changed to Dad's name only or do I leave it as is ?

Thanks,
John

Comments

  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Leave it as the death certificate for your Mum and the Will can be submitted as proof.

    Sam
    I'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.
  • jstallan
    jstallan Posts: 326 Forumite
    Part of the Furniture Combo Breaker
    Thanks - I thought that might be the case.
  • Land_Registry
    Land_Registry Posts: 6,273 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    As SeniorSam posts leave it as is until such time as you decide to deal with the property
    When you come to transfer it either into the beneficiary's name or to a third party for example on sale we will want sight of your Mother's death certificate and your Father's probate - we don't read or deal with the will as it is the probate that provides the executor with the authority to deal with the property as part of the estate.
    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"
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