'Estate Fully Administered'

DCF_Evaluator

Hi

I letter from a solicitor I saw recently contained wef 'we understood that the estate was fully administered' (it wasn't btw).

Firstly I was surprised that a professional should assume this without checking ...? Is this acceptable? ...

Moreover how does anyone know when an estate is fully administered anyway? Is any registration/notification required or is it just a verbal confirmation from the executors? Apparently if an estate is fully administered any residual property is then deemed to have vested with the beneficiary without the need for assent so it's not an insignificant step.

Yorkshireman99

DCF_Evaluator wrote: »

Hi

I letter from a solicitor I saw recently contained wef 'we understood that the estate was fully administered' (it wasn't btw).

Firstly I was surprised that a professional should assume this without checking ...? Is this acceptable? ...

Moreover how does anyone know when an estate is fully administered anyway? Is any registration/notification required or is it just a verbal confirmation from the executors? Apparently if an estate is fully administered any residual property is then deemed to have vested with the beneficiary without the need for assent so it's not an insignificant step.

Perhaps more about the context is required. AFAIK there is no formal mechanism for this. A big weakness of the English system IMHO. Assent by whom?

getmore4less

keep it in one thread.

and it helps to not drip feed context is quite important

DCF_Evaluator

Yorkshireman99

Assent by all of the executors to for the property to vest with the relevant beneficiary.

More context, apologies for the sketchy view so far; as I understand it a residual estate in this case a property can only be 'transferred out of the estate' to the beneficiary via an asset or transfer. In this case there had been neither. The Solicitor's letter states a case that, should an estate be 'fully administered' neither an assent nor a transfer is required. Sounds to me that he/she is wrong and/or bluffing.

That provoked the original point about how does the legal system recognise that an estate is now 'fully administered'?

Yorkshireman99

DCF_Evaluator wrote: »

Yorkshireman99

Assent by all of the executors to for the property to vest with the relevant beneficiary.

More context, apologies for the sketchy view so far; as I understand it a residual estate in this case a property can only be 'transferred out of the estate' to the beneficiary via an asset or transfer. In this case there had been neither. The Solicitor's letter states a case that, should an estate be 'fully administered' neither an assent nor a transfer is required. Sounds to me that he/she is wrong and/or bluffing.

That provoked the original point about how does the legal system recognise that an estate is now 'fully administered'?

I have never heard the term before. What asset are we talking about? If it is house then there should be a land registry entry to show the change. If it is cash then a b ank transfer or cheque. If it is, for example, a table then it would be simplely handed over.

DCF_Evaluator

Yorkshireman

The asset is a house. I am starting to get out of my legal depth but as I understand it, yes, a table, cash or similar can just be handed over (although there is the issue of the recipient (beneficiary) giving the executor a 'receipt' for the item. With a house not a simple process is assent or transfer signed by executors in favour of a named beneficiary - beneficiary gives receipt and takes possession - signed assent sent to Land Registry to re-register title.

My understanding that the LR will not re-register unless given the signed assent (presumably the original as well).

I am now wondering, given how many unregistered properties there are out there following inheritance under a will ie how many executors/beneficiaries follow this full process(?) ... after all the beneficiary can just move in in uncontested cases and the LR isn't going to ring the new owner up and notify him/her that the title to his/her property remains unregistered?

DCF_Evaluator

Can anyone recommend a textbook re Estate Administration (NB UK - England!)?

Yorkshireman99

First of ask the solicitor to clarify what they mean. An executor has a legal obligation to deal with the estate correctly. That includes making sure that any transfer of title is done correctly.

Land_Registry

When a person dies someone has to deal with their estate, namely the monies, property and possessions, by collecting any monies, settling any debts and distributing the estate to those entitled to it.

Once probate is obtained the named executor(s) will then have authority to deal with the deceased's estate. Any property will form part of the legal estate and if it is assented/transferred to a beneficiary for example then this would trigger the need to register. It is the AS1/TR1 which then triggers the need to register and not the death or probate.

In some cases an executor may also be the beneficiary, and this may be relevant here, so may for some reason decide not to assent the property to themselves. Whilst they are not then the registered legal owner this may not pose any issues for them so they leave it 'as is' so to speak.

If the executor wanted to sell the property then they could using the probate and not register themselves pr any beneficiary. The monies form the sale then form part of the wider estate and as mentioned are then distributed.

Probate law is quite separate from land registration but as posted we would need sight of the probate to confirm the executor's ability to deal with the property.

The term 'fully administered' is not one I have come across from a land registration aspect but is relevant to probate law and the handling of the deceased's estate. For example no one who has an interest in the estate of the deceased can receive their inheritance until such a grant has been obtained and the estate fully administered - by this I take it to mean that the executor has to deal with everything, inc debts and expenses, before any monies are distributed

DCF_Evaluator

Land Registry

Thanks for that, very glad to make your acquaintance.

"In some cases an executor may also be the beneficiary, and this may be relevant here, so may for some reason decide not to assent the property to themselves."

that is the case here.


"The term 'fully administered' is not one I have come across from a land registration aspect

no, me neither; unfortunately as this transfer is about to be finalised it's not easy to question what the solicitor meant here.

Land_Registry

If the transfer is about to be finalised then the executor will be assenting the property to the beneficiary.
Once that has been done and the other aspects mentioned above dealt with then the 'fully administered' presumably applies.

The key to the deceased's estate will be their will so once everything within that and all of their belongings, property etc etc have been dealt with then that is it - I assume it is down to any affected/interested parties to check the will to ensure everything has been done by the executor and if not then it is a matter of probate law as to any next steps.

Your OP did not suggest an issue over this but having read many threads around probate on this forum such matters can take some time to resolve if issues do arise or if there is any contention. However the property, the legal estate, which we then register tends to be quite straightforward where executor and beneficiary are one and the same