Land Registry and writing a will

pimento

I wasn't sure if this should have been in the Deaths and Probate section but as we are still upright and sniffing the air, I'm asking here.

I married for the second time in January this year and we both wrote wills. My husband cleared the mortgage soon after the wedding and we have just completed, signed and witnessed the TR1 and Declaration of Trust regarding the house. As I have a son from my first marriage, we are to be tenants in common with me holding a slightly larger share of the house than my husband. These documents have been submitted by our solicitor to the Land Registry.

My will (written in contemplation of our marriage) gives a lifetime interest in my share of the house to my husband after which it will go to my son but because when the wills were written my husband did not own any of the house, his will currently just leaves everything to his sisters.

My husband contacted our solicitor today to get his will re-written to give me the same lifetime interest in his share of the house and was told that his will couldn't be re-written until after the Land Registry had confirmed the transfer of equity had been done.

Is this correct? As it stands, if he should (God forbid) fall off his perch tonight, half of our house will go straight to his sisters and I won't have a lifetime interest so (in theory) I could be forced to sell.

I thought that as the signed TR1 had been submitted, that meant it was a done deal, a bit like when you buy a house, you own it from completion even if it takes the Land Registry a few weeks/months to do the paperwork.

I can't get hold of the solicitor as she's away until next week but does this sound right to you?

If the Land Registry Representative is around, I'd appreciate their opinion.

Many thanks..

G_M

Seems strange I agree.

teddysmum

The provisions of the will would be difficult to satisfy until the ownership was clear, but you can write whatever you please in a will as you don't even need a solicitor; just independent witnesses to the document. (My father wrote his own will using a friend and a neighbour as witnesses.)

davidmcn

pimento wrote: »

My husband contacted our solicitor today to get his will re-written to give me the same lifetime interest in his share of the house and was told that his will couldn't be re-written until after the Land Registry had confirmed the transfer of equity had been done.

Is this correct?

Doesn't sound it. You sure nothing has been lost in translation?

Consider that you can leave things in your Will which you definitely don't own at the time you write it but think you might later on (e.g. "any house which I own at the time of my death...").

G_M

davidmcn wrote: »

Consider that you can leave things in your Will which you definitely don't own at the time you write it but think you might later on (e.g. "any house which I own at the time of my death...").

or indeed things which you will never own; "I leave Buckingham Palace, SW1A 1AA to my son, John Smith."

That bequest would simply be ignored by the Executors.

pimento

My husband spoke to them on the telephone and not to the solicitor but to the receptionist who was passing on a message. I'm frustrated that I'm now stewing on this over a weekend. I'll just have to advise my husband to take extra care crossing the road.

I've actually told him that if the worst did happen, I'd be burning his will and would do what he wanted to happen myself (house to me, money to sisters). Perhaps, in the interim, he should destroy his will himself, then the rules would give everything to me and he can trust me to carry out his wishes. I definitely wouldn't trust his sisters to offer me the same courtesy.

AnotherJoe

pimento wrote: »

My husband spoke to them on the telephone and not to the solicitor but to the receptionist who was passing on a message. I'm frustrated that I'm now stewing on this over a weekend. I'll just have to advise my husband to take extra care crossing the road.

I've actually told him that if the worst did happen, I'd be burning his will and would do what he wanted to happen myself (house to me, money to sisters). Perhaps, in the interim, he should destroy his will himself, then the rules would give everything to me and he can trust me to carry out his wishes. I definitely wouldn't trust his sisters to offer me the same courtesy.

He can renounced it now by destroying it though is the original not lodged with these solicitors?

pimento

No, we have the originals.

I'm going to call the Land Registry today and see what they say. The more I think about it, the more I think the solicitor is wrong.

It kept me awake last night.

davidmcn

It's more of a Will-writing issue than a Land Registry one, I doubt they can offer you any useful advice (other than what stage your registration application is at). I would just take it up with the solicitors.

pimento

Yes, I just spoke to the Land Registry. Their current processing time is nine working days for a straightforward transfer of equity. It isn't deemed 'done' until they let the solicitor know.

I'll speak to the solicitor on Monday. I'm sure she's wrong, though. At the very least she could be drafting the new will so that it can be ready for signing when the Land Registry work is done.

Thanks all.

Mojisola

pimento wrote: »

It isn't deemed 'done' until they let the solicitor know.

I'll speak to the solicitor on Monday.

At the very least she could be drafting the new will so that it can be ready for signing when the Land Registry work is done.

That seems the sensible solution.