Complicated inheritance with deeds

Kellywhit25

My grandad died 20 years ago, he left a house each to his son and daughter!
His son is the executor and has only sorted probate 2 years ago, however, his daughter (my mum) died before the deeds were transferred into her name. The house now comes to my brother and I, but what needs to be done for us to be able to sell it?
The house is not registered with land registry, so I need a break down as to what routes my uncle needs to take in order for us to move on and sell! (Not sat with it round our necks for 20 years like him)

Just to add, I have sorted probate for my mum, so I've gone as far my end as i can i believe!

Savvy_Sue

The first thing is that the property needs to be registered, and I believe that for first registration using a solicitor is generally recommended. There is a Land Registry representative who will pop up in due course, and others will also know more about the process than me.

Yorkshireman99

Kellywhit25 wrote: »

My grandad died 20 years ago, he left a house each to his son and daughter!
His son is the executor and has only sorted probate 2 years ago, however, his daughter (my mum) died before the deeds were transferred into her name. The house now comes to my brother and I, but what needs to be done for us to be able to sell it?
The house is not registered with land registry, so I need a break down as to what routes my uncle needs to take in order for us to move on and sell! (Not sat with it round our necks for 20 years like him)

Just to add, I have sorted probate for my mum, so I've gone as far my end as i can i believe!

First you need to get the exact wording of the will to ensure that you do inherit. Somebody will have to make an application to the Land Registry. Their representative will be along soon to give you some guidance.

Kellywhit25

Savvy_Sue wrote: »

The first thing is that the property needs to be registered, and I believe that for first registration using a solicitor is generally recommended. There is a Land Registry representative who will pop up in due course, and others will also know more about the process than me.

I did think that but wondered why my uncle is holding out!

Kellywhit25

Yorkshireman99 wrote: »

First you need to get the exact wording of the will to ensure that you do inherit. Somebody will have to make an application to the Land Registry. Their representative will be along soon to give you some guidance.

Yes it's certain that my brother and I inherit, it's just this middle are we need to sort!

getmore4less

You can get the place on the market and do all the paperwork in one go transferring to the buyer with the first registration.

Yorkshireman99

Kellywhit25 wrote: »

Yes it's certain that my brother and I inherit, it's just this middle are we need to sort!

Did your mpother leave a will? If so who were the executors? If no will who got letters of administration? You may well be correct about the inheritance chain but you need to get it all checked out by a solcitor who can do the first registration for you. Whilst you can get all the first registration and sale done in one go it is NOT advisable as there may be (will be) delays and this may lose you the sale.

unforeseen

OP states in first post that probate for their mother has been sorted.

Yorkshireman99

Noted. Apologies..

Land_Registry

The property forms part of Grandad's estate until his executor deals with it e.g transfers it to a beneficiary or sells it. As the executor is still alive he can still deal with it.

As others have hinted selling an unregistered property in these circumstances can happen although I see more and more posts nowadays where a buyer won't buy until it is registered.

So options include your uncle selling it as is and then dividing the proceeds as appropriate
Transferring it to the benefiting parties as appropriate/wanted and registering it for the first time. That transfer will trigger the need to register so makes it a compulsory first registration. The new owners then sell it.
Or registering it for the first time in his name as executor and then selling it

Probate for your Mother does not come into it here re the property itself as it still forms part of Grandad's estate as mentioned.

First registrations currently take on average 55 working days. https://www.gov.uk/government/publications/first-registrations

In my experience most would look to go with option 2 but that is based solely on how often we see enquiries such as this and people asking how to do it. In reality we are not privy to the precise details around the wills etc or the decision-making process followed.

Do get some legal advice as well as they will have that experience re best options based on everything involved, inc the quality of the deeds/docs held currently

Margot123

I was in the process of buying an unregistered Probate property.
About 3 months into the transaction, my solicitor advised that there was the added complication of one of the owners having predeceased the other by 12 years, and that their death certificate was incorrect.

The executor refused to register the property, even though the mistakes were on their part ie registering their own father's death incorrectly, not removing him from the deeds etc.

Subsequently the sale fell through, and it is still on the market some 3 years later. I do wonder why the executor hasn't registered it, they could have sold it by now.