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Process of changing ownership

Hi

If someone wills a property to someone in England (in case there are different laws in different parts of the UK), what is the detailed process of actually transferring ownership, please?

TIA

Vigman
Any information given in my posts or replies is intended to be of interest and/or help to members of the forum. I cannot guarantee that this is accurate or up to date.

Comments

  • TonyMMM
    TonyMMM Posts: 3,442 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The executor of the will applies for probate which then gives them the legal authority to transfer the ownership recorded at the Land Registry, assuming all other aspects of the estate - assets collected, debts paid (inc inheritance tax if necessary) etc. have been sorted out.

    They can do the transfer themselves or get a solicitor to do it for them
  • Keep_pedalling
    Keep_pedalling Posts: 22,549 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    TonyMMM wrote: »
    The executor of the will applies for probate which then gives them the legal authority to transfer the ownership recorded at the Land Registry, assuming all other aspects of the estate - assets collected, debts paid (inc inheritance tax if necessary) etc. have been sorted out.

    They can do the transfer themselves or get a solicitor to do it for them

    And assuming the beneficiary actually wants the house rather than the cash.
  • vigman
    vigman Posts: 1,395 Forumite
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    Thanks everyone.

    Vigman
    Any information given in my posts or replies is intended to be of interest and/or help to members of the forum. I cannot guarantee that this is accurate or up to date.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    And assuming the beneficiary actually wants the house rather than the cash.
    There is no obligation on the executor to sell the house if it has been left specificly to a beneficiary.
  • Keep_pedalling
    Keep_pedalling Posts: 22,549 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There is no obligation on the executor to sell the house if it has been left specificly to a beneficiary.

    I doubt many would refuse, and I have known a beneficiary who was left a house, and the executor offered them the two options.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    I doubt many would refuse, and I have known a beneficiary who was left a house, and the executor offered them the two options.
    That might reduce any residue of the estate that would be unreasonable. The executor has no legal obligation whatsoever to sell the property in such circumstances. They should not be expected to do so as they have no authority in that resspect, It is entirely up to the beneficary. Of course if the property is not left specfically then the executor does have a responsiblity for selling it.
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