Changing ownership of house

Empor

My dad died last year without leaving a will. I'm doing the probate and the only other beneficiary is my sister. My sister wants the house as part of her share of the estate, which is fine.

The house is on one of those 999 year leases (£15 ground rent p.a.).
There's nothing registered at the land registry but I have all the docs including the last lease assignment from 1969.

How do we go about transferring ownership and registering the property (do we even do this or should it be the freeholder)? Do we need to use a solicitor - if so any idea how much this would cost?

G_M

If it were already registered you as Executer could transfer ownership from your father to your sister. Then either
* she would pay you 50% of the Probate Value in cash,or
* you would deduct that amount from the remaining assets in the Estate that you distribute to her


However, since the property is unregistered, a change of ownership will trigger Compulsory First Registration.


I would therefore recommend you use a solicitor.

FreeBear

G_M wrote: »

However, since the property is unregistered, a change of ownership will trigger Compulsory First Registration.

I would therefore recommend you use a solicitor.

I did a transfer and compulsory first registration myself a couple of years back without the use of a solicitor. The TR1 and FR1 forms were not that difficult to complete. However, this property is freehold and I had all the documents tracing ownership all the way back to when it was first sold.


Leasehold may well complicate matters, so a solicitor may well be advisable.

Empor

Thanks for the replies. Any idea how much a solicitor would cost for this? A few hundred, or a few thousand...?

babyblade41

Empor wrote: »

Thanks for the replies. Any idea how much a solicitor would cost for this? A few hundred, or a few thousand...?

It all depends how much work is involved so it isn't easy to give figures

In my experience it won't be hundreds but I'm in Oxford where everything costs ridiculous amounts

LandyAndy

My mother recently registered her property, voluntarily. It threw up an anomaly that resulted in us having to apply for possessory title of a piece of her garden that she had always thought was part of the absolute title of her property. Even with this extra work her solicitors fees were around £500. Well worth it in this case.

Owain_Moneysaver

I'd expect £500-£100 depending on area and the work involved.

The estate's/executor's legal expenses fall to the estate, and your sister pays her own solicitor. It may be the solicitor will be willing to act for both parties as the transaction is non-contentious.