Land Registry questions

Land_Registry

MumOf2 said:

Land_Registry said:

MumOf2 said:

Hello Land Registry.  My sister and I are sole executors and beneficiaries of my late mother's estate.  We have received grant of probate and a firm offer for purchase of the house, and the process appears to be going through OK.  We need to transfer the property into our names and have completed AS1 and AP1 enclosing a hologrammed certificate of the grant.  I understood that if you've received grant of probate, then we don't need to provide proof of identity as this has already been proved for the purposes of the grant.  Could you just confirm this please?  Thank you.

Also, regarding time frame, the purchasers are anxious to complete as soon as they can given the current situation.  Do we need to have completed the transfer of ownership before completion?  If so, is there a way of expediting the process at what is such a busy time for the Land Registry?  Thanks again.

MumOf2

You don’t need to provide evidence of identity for those named in the probate as personal representatives/executors. 

The timing of completion is up to you/your buyer. Some may be happy to complete once it’s lodged but before it’s registered whilst others may want to wait. 

Timescales - at present several weeks I imagine due to current disruption. If that’s too long and you have a confirmed buyer then you’d need to lodge documentary evidence of the confirmed sale and a request to expedite. Expedition reduces the wait time so it’s normally considered within a week of being expedited 

Thank you so much for your swift response and for the information with regard to expediting if we have a confirmed buyer.  Presumably this means when we've exchanged contracts which may be a couple of weeks away.

MumOf2

The usual documentary evidence supplied is the memorandum of sale between seller/buyer 

Land_Registry

grumpypudding said:

Land_Registry said:

grumpypudding 

Thank you for the reply, all appears to make sense, the land in question we have an indenture dated 1925 leaving the land to my grandad and then he moved away and just forgot about it. We are wanting to sell the land on but we can not locate the deed itself with the details on, will this pose a problem with registering with the land registry? im hoping the archive centre has a copy of it but if we only hav ea copy will that be alright?

thanks!

See Practice Guide 2 if deeds are lost 

Land_Registry

bjwilce said:

Hi I was wanting to place a land registry restriction on my mum's house while applying for double probate has I had my power reserved. My sister is planning to sell the house without my agreement on the price she has probate. Can I place a restriction to stop a sale or pause a sale until my probate is granted or we agree on a sale price on the house. And could you tell me how I would go about it.
 thank
 you

We can’t say yes or no re such matters until an application is made to register such an interest 
Our Practice Guide 19 explains how some third party interests can be protected on the register by Restriction/Notice . But it’s legal advice you need here as to what rights you have re the property and if you have any then can they be protected is some way, on the land register or otherwise. 

Section 6.4 is probably relevant here as your interest is in the beneficial ownership 

bjwilce

Land_Registry said:

bjwilce said:

Hi I was wanting to place a land registry restriction on my mum's house while applying for double probate has I had my power reserved. My sister is planning to sell the house without my agreement on the price she has probate. Can I place a restriction to stop a sale or pause a sale until my probate is granted or we agree on a sale price on the house. And could you tell me how I would go about it.
 thank
 you

We can’t say yes or no re such matters until an application is made to register such an interest 
Our explains how some third party interests can be protected on the register by Restriction/Notice . But it’s legal advice you need here as to what rights you have re the property and if you have any then can they be protected is some way, on the land register or otherwise. 

Section 6.4 is probably relevant here as your interest is in the beneficial ownership 

Hi will this application be made on A form 

Thank you

Land_Registry

bjwilce said:

Land_Registry said:

bjwilce said:

Hi I was wanting to place a land registry restriction on my mum's house while applying for double probate has I had my power reserved. My sister is planning to sell the house without my agreement on the price she has probate. Can I place a restriction to stop a sale or pause a sale until my probate is granted or we agree on a sale price on the house. And could you tell me how I would go about it.
 thank
 you

We can’t say yes or no re such matters until an application is made to register such an interest 
Our explains how some third party interests can be protected on the register by Restriction/Notice . But it’s legal advice you need here as to what rights you have re the property and if you have any then can they be protected is some way, on the land register or otherwise. 

Section 6.4 is probably relevant here as your interest is in the beneficial ownership 

Hi will this application be made on A form 

Thank you

If you apply for a restriction then it would be using a form RX1

peterade

Hello,

My mother left her house to me and I decided to pass it on to my son via Deed of Variation.  The probate / Land Registry process took a long time.  In the meantime I was renting the property.  Who is liable for the tax between her death and Land Registry being passed on?

Many thanks

Land_Registry

peterade said:

Hello,

My mother left her house to me and I decided to pass it on to my son via Deed of Variation.  The probate / Land Registry process took a long time.  In the meantime I was renting the property.  Who is liable for the tax between her death and Land Registry being passed on?

Many thanks

We don’t deal with tax liability I’m afraid so you’ll need wider comment/advice 

greatcrested

peterade said:

Hello,

My mother left her house to me and I decided to pass it on to my son via Deed of Variation.  The probate / Land Registry process took a long time.  In the meantime I was renting the property.  Who is liable for the tax between her death and Land Registry being passed on?

Many thanks

The Deed of Variation means that in effect your son is the Beneficiary of your mother's estate (so far as the property is concerned).

From the date of death, the Estate was managed by the Executers or Administrators. Any income or liabilities was managed by them as part of the Estate, up until such time as the Estate was wound up and disributed to the Beneficiary/ies.

So the rent you paid from the date of death, till the date the property was passed to your son, should have been paid to the Estate, and the Executers should have declared this income to HMRC as part of the Estate's tax return.

Once the property was transferred to your son, assuming you continued to rent the property, he should declare the income on his own tax return (just as any other landlord).

I trust your son is fully aware of his legal responsibilities as a landlord, and also understands the implications of becoming a property owner eg no longer eligible to FTB benefits, liability to CGT etc

bjwilce

Land_Registry said:

bjwilce said:

Land_Registry said:

bjwilce said:

Hi I was wanting to place a land registry restriction on my mum's house while applying for double probate has I had my power reserved. My sister is planning to sell the house without my agreement on the price she has probate. Can I place a restriction to stop a sale or pause a sale until my probate is granted or we agree on a sale price on the house. And could you tell me how I would go about it.
 thank
 you

We can’t say yes or no re such matters until an application is made to register such an interest 
Our explains how some third party interests can be protected on the register by Restriction/Notice . But it’s legal advice you need here as to what rights you have re the property and if you have any then can they be protected is some way, on the land register or otherwise. 

Section 6.4 is probably relevant here as your interest is in the beneficial ownership 

Hi will this application be made on A form 

Thank you

If you apply for a restriction then it would be using a form RX1

Hi I am applying for a Form A restriction on a RX1 form do I need to send it with a  AP1 aswell. 
Thank you

Sally_Forth

bjwilce said:
Hi I am applying for a Form A restriction on a RX1 form do I need to send it with a  AP1 aswell. 

Thank you

No