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Conveyancing - joint tenant deceased
lisyloo
Posts: 30,090 Forumite
My FIL died recently. MIL is permanently is a nursing home so flat will be up for sale once I’ve obtained deputyship to sell it (she’s lost capacity so is unable to agree to the sale).
Do I need to get him removed from the deeds first before a sale can proceed or can the deeds just be sorted at sale time?
Do I need to get him removed from the deeds first before a sale can proceed or can the deeds just be sorted at sale time?
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Comments
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Pretty sure it!!!8217;s fine to proceed from my hazy recollection of past threads, you may need death certificate obviously.When using the housing forum please use the sticky threads for valuable information.0
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Did they own the property as joint tenants or tenants in common?
If they owned it as joint tenants your FIL!!!8217;s share will automatically pass to your MIL. You don!!!8217;t need to do anything, when you sell you will provide your FIL!!!8217;s death certificate to the buyer and they will deal with it on registration. Alternatively you can submit Land Registry form DJP before the sale.
If it is owned as tenants in common it will pass under the terms of your FIL!!!8217;s will/the intestacy rules.0 -
Joint tenants (sorry - in title but not post).
Cheers, would prefer not to do another form if avoidable.
Clearing the flat, family have another funeral next week, 5 forms for deputyship and death certificates are safe but I am 100 miles away, so one less thing to do is welcome.0 -
had similar - solicitor said they would sort at the time of conveyancing0
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Buyer's solicitor may ask for death certificate of F-i-L to establish he has no claim on the property.A kind word lasts a minute, a skelped erse is sair for a day.0
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I don't think there's any "may" about it - pretty sure it's essential for registration purposes.Owain_Moneysaver wrote: »Buyer's solicitor may ask for death certificate of F-i-L to establish he has no claim on the property.0 -
Death certificate is not an issue. We have 4 copies.0
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[FONT=Verdana, sans-serif]My solicitor did it online, took about 5 minutes and no charge.[/FONT]0
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