Change of House Deed - Next of Kin not based in the UK

Manny03

Hi all

Sorry if this is in the wrong forum... I'm in need of some advice and solicitors are confusing with process and fees involved... So here goes;

Situation:

• My Dad passed away 2009, sole name on house deed.
• No will and was based outside the UK
• We didn't change anything since then.
• My Mum and siblings live outside the UK and rarely visit.
• House is currently in dire need of refurbishment, looking at carrying out an extension and loft conversion while at it
• No loans or mortgage on said house
• Current value - £305K
• Current estimated cost of refurbishment and conversion from a 3 bed to a 5 bed - £95K
• Potential value after - £455K

Task:

• How do I go about getting the house deed in my name? My Mum and siblings are happy for this to be the case
• Is it possible to get a home owner loan to carry out the planned refurbishment considering no '1st charge' on the property?

Desired Result:

• A modern and comfortable home
• To rent out a room or two to help contribute towards paying back the loan

Thanks for reading and your contributions in advance

Manny

davidmcn

Which part of the UK is the house in?

Was Probate (or equivalent) obtained in the UK in relation to the house?

xylophone

Your father died intestate (where)?

What action was taken to settle his estate?

Manny03

Hi davidmcn

Property is located in SE London

No probate as of yet due to conflicting advise by solicitors ranging from me applying myself to my mum having to travel to the UK to apply

Manny03

Hi... That would be in the states

Nothing was done regarding his estate, just the mentioned property here in the UK

Cakeguts

The laws of someone dying without a will apply to the country that he lived and died in I think. I don't think you can apply for probate in the UK for someone who lived abroad. You can't do anything with the property in the UK until you have got probate according to the law of the country that he lived in. Until you have probate the UK property belongs to his estate. Probate will determine how his estate is to be divided and that will depend on the laws of the country he lived in. Until then you cannot do anything to this house because none of you own it. You can't put the house in your name. It still belongs to your late father's estate. Not to you not to your mum. You can't get a home owner loan for something you don't own.

There is no short cut to this you will need to get probate first before you can do anything to this house. Until you get probate you won't know who officially owns it.

davidmcn

Cakeguts wrote: »

The laws of someone dying without a will apply to the country that he lived and died in I think.

No, for land it's the law of intestacy for where the property is. But for something this potentially complex I think the OP (or rather, their mother) is best to consult a solicitor. Don't know why they're getting conflicting advice but we have even less information than the solicitors!

AdrianC

Where "outside the UK" was he resident?
How large was his total estate?
What was the value of the house at the date of his death?
Was any IHT declaration made?
When in 2009 did he die?

If he died on or before 5th April 2009, then the UK IHT threshold was £312k, £325k if after.
If he died on or before 1st Feb 2009, then under UK intestacy rules, your mother gets the first £125k of his estate plus a life interest in half of the rest, with the remainder split between his offspring, £250k + life interest in half if after.

Depending on which country he was in, it may well be that the UK rules don't apply.

You are in a complex situation, not made any easier by trying to ignore it for seven years. You are likely to need professional help - the sooner, the better. Penalties can be severe if HMRC think you have deliberately failed to notify them of tax due.

Edit: Just noticed that he was a US resident. That makes life even more complex, because AIUI the US insist on being notified of any and all non-US tax affairs of US residents...

Cakeguts

I hope you haven't moved into this house that doesn't belong to you since your father died?

Cakeguts

davidmcn wrote: »

No, for land it's the law of intestacy for where the property is. But for something this potentially complex I think the OP (or rather, their mother) is best to consult a solicitor. Don't know why they're getting conflicting advice but we have even less information than the solicitors!

Something to do with "confusing and fees involved." To be honest if the solicitors are finding it complex how are we who are not solicitors and don't know anything about inheritance laws in the US supposed to sort it out?

G_M

As explained, Probate needs to be granted..... somewhere. (ie UK or outside). Until then, the property is owned by his 'Estate'.

Re UK Inheritance Tax, see:

https://www.gov.uk/inheritance-tax/when-someone-living-outside-the-uk-dies

For inheritance rules in other EU states, see

https://e-justice.europa.eu/content_succession-166-en.do?clang=en

For UK Probate for non UK citizen, see

http://www.purelyprobate.co.uk/uk-probate-for-non-uk-residents/

and

http://www.hg.org/article.asp?id=25808


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