Registering property after death

FreeBear

vfm wrote: »

We have so far managed without solicitors. I have qualifications in law and normally do things myself e.g. Will, Probate (gained within 6 weeks) and a divorce.

I have just completed an AS1 and FR1 for an unregistered property that I'm inheriting. Initially, I found the FR1 to be daunting - Mainly for the language used more than anything else. But with a little bit of help from the LR help line and online guides, I *think* I got it right.

Took all the paperwork over to the local LR office, and the general opinion was "it all looked OK". Will know for certain when the registration comes back in a few weeks time.

If you have managed so far without a solicitor, the FR1 shouldn't be too difficult to complete.

jackyann

I sold an unregistered house recently. It was never suggested that it should be registered first - we just handed over the deeds (beautiful documents!). The new owner was obliged to register.

Crabapple

The Land Registry aim is to complete First Registrations in around 5 weeks.

I was told last week that they are currently processing applications received around the middle of November (been waiting for one sent in early December).

So don't expect it to be a quick turnaround!

betty1234

Can anyone please help. My mother died intestate and the property has now come through probate leaving equal shares to 4 siblings. My brother has done the probate himself for ys all. The property is unregisted so now my brother is taking it to a solicitor to register. Do we all as beneficiaries have to be named on this or can my brother as the executor just put in his name until sold. My sister still lives in the property she has never left the parental home for 63yrs so selling may take a little time. Also can anyone tell me if i sign the land registry am i the legal owner or am i only the legal owner when proprty is sold and administered. Many thanjs

Land_Registry

In my experience selling an unregistered property when the owner has died invariably means the buyer asks for you to register it first and then sell. As others have posted though that is not essential and I suspect iot largely comes down to the conveyancer's experience/knowledge and the fee being paid as checking the unregistered deeds will often be more costly in time than checking a registered title.

5 weeks remains the average timescale but unfortunately it is an average so you may find some applications will take much longer (or indeed be quicker) as a result

Land_Registry

betty1234 wrote: »

Can anyone please help. My mother died intestate and the property has now come through probate leaving equal shares to 4 siblings. My brother has done the probate himself for ys all. The property is unregisted so now my brother is taking it to a solicitor to register. Do we all as beneficiaries have to be named on this or can my brother as the executor just put in his name until sold. My sister still lives in the property she has never left the parental home for 63yrs so selling may take a little time. Also can anyone tell me if i sign the land registry am i the legal owner or am i only the legal owner when proprty is sold and administered. Many thanjs

If the property is to be registered for the first time and then sold it is usually up to the executor/beneficiaries to decide and agree on how best to approach it.

In some cases it is simpler to register it in the sole name of the executor in his capacity as the personal representative of the deceased.
The alternative is to register it in the name of the beneficiaries, which would then make all 4 the legal owners. All 4 would then need to execute any deed selling the property.

There is a distinction between the legal ownership/estate and the beneficial one so it is important to understand the difference between the executor and the beneficiaries here and their responsibilities/legal position.

This is not our area of expertise but from a registration perspective alone the executor is legally authorised to deal with the deceased's estate, inc the legal and beneficial aspects. The legal estate invariably focuses on the property.

If the property is to be sold for example to ensure that each of the 4 named beneficiaries receive their 'share' in the property then it is the beneficial estate, namely the monies from the sale, that is the focus here. As such the executor registers/sells and then divides the final monies accordingly. The beneficiaries do not become the legal owners of the property as such.

Note - where there is no recorded will you normally obtain Letters of Administration and as such there is an Administrator and not an Executor. From a registration perspective alone there is though no difference

betty1234

Many thanks for your prompt reply, i understand it better now.

vfm

Update - Land Registry were helpful and the property is now registered (without solicitor) and contracts for sale being drawn up. It took approximately 3 weeks.