Transferring a property and MIL

Land_Registry

If the property was jointly owned then the legal ownership will have passed to the surviving joint owner.

The form A restriction referred to does not confirm that they held as TIC but it can be an indication that they applied for it to be entered on the register after they severed the joint tenancy in some way.
However TIC relates to their beneficial ownerships in the same way as any wills or trust deed would so does not affect how the legal ownership has passed to the survivor.

It can affect how the legal ownership is then dealt with but until you have checked the registered details or original deeds etc if unregistered you cannot be sure.

Many do not update the register re the death until they have to. For example the widow could do it now or deal with it as part of any sale. The death is factual after all so has to be proven either by updating the register or providing any buyer with a copy of the death certificate.

Let us know what the register tells you and we can hopefully offer some more advice

lookstraightahead

Ok thank you, I will come back tomorrow and update on what I can find out, thank you all again.

esmy

We've just dealt with a similar situation - Mum and Dad joint tenants, Mum's name never removed on her death, Dad died earlier this year. All we were asked to do on transferring the property was to send in Mum's death certificate with the appropriate forms.
Hope this helps.

Land_Registry

esmy wrote: »

We've just dealt with a similar situation - Mum and Dad joint tenants, Mum's name never removed on her death, Dad died earlier this year. All we were asked to do on transferring the property was to send in Mum's death certificate with the appropriate forms.
Hope this helps.

As it was transferred then death certificate for Mum and probate (recorded will) or letters of administration (no recorded will) for Dad are needed. Dad’s executor(s)/administrator(s) can then transfer the title.
Which appropriate forms all depends who the transfer is to. In this case that’s not been mentioned as Mum is still alive although sadly terminally ill. Hopefully OP will share more about the intended transfer too so we can signpost appropriate forms

lookstraightahead

Good morning

It appears that the land registry have no records for the property. My parents in law bought the property in the early 1960s and bought it outright.

The solicitor where MIL thought the deeds were held have come back to me and it looks like they do hold the deeds - someone is getting back to me on Monday but will need my husband (PoA) to speak to them.

So at the moment we have no idea whether the house was joint tenants or tenants in common, and no record with the land registry.

Land_Registry

Understood so you’ll need the deeds to see whether it was bought in joint names or a sole name - in the 60s it was often in the sole male name for social/economic reasons but no hard and fast rules on that.

What are you intending to do with the property? You say transfer it but who to?
Suggest answering that Q once you have sight of the deeds and specifically the Conveyance by which it was bought

lookstraightahead

I was concerned more that we hadn't transferred the property to MIL when FIL died, the house will be sold when she does pass. She has a will leaving the property to the two children - my husband and his sister. It will be sold. No wonder she keeps saying how important the deeds are!

Land_Registry

lookstraightahead wrote: »

I was concerned more that we hadn't transferred the property to MIL when FIL died, the house will be sold when she does pass. She has a will leaving the property to the two children - my husband and his sister. It will be sold. No wonder she keeps saying how important the deeds are!

Understood so that implies it was in his sole name. If so the wider concern is probably linked to her needs going forward and what may be needed re the property with regards her care for example. May not be an issue now but knowing what can happen and being prepared is important, hence your Qs.

For example transferring it from his name to hers may not matter if nothing is required of the property other than being her home still.

But if left as is then when she does die it would be his executor who then deals with the property, for example selling it, not hers, as the legal ownership is still in his name.

So very important to get wider advice on what can happen and how best to prepare/protect against any eventualities as appropriate. The legal ownership can be sorted relatively easily but it’s the wider issues that need to be understood and covered off

FreeBear

lookstraightahead wrote: »

It appears that the land registry have no records for the property. My parents in law bought the property in the early 1960s and bought it outright.

The solicitor where MIL thought the deeds were held have come back to me and it looks like they do hold the deeds - someone is getting back to me on Monday but will need my husband (PoA) to speak to them.

Get the deeds and any/all conveyancing documents now. Then get a First Registration done before your MIL's health deteriorates any further. Hopefully, the LR will accept it as a voluntary FR. Doing it now will save a lot of time and expensive if you wait until the property needs to be sold or transfered to someone else.

I wish it was something my mother had done before she died. It would have saved a long search for the deeds and a three+ month wait over the compulsory first registration - In all fairness, the LR were quite busy at the time.

lookstraightahead

Ok so an update. Solicitor still has the deeds. The house is in joint names (joint tenants not tenants in common). It has not been registered with the land registry and was not officially transferred to MIL from FIL upon his death. He left a will leaving everything to MIL. Solicitor is getting a conveyancing solicitor to call me back to talk about registration etc. Their son (my husband) has power of attorney. Should we get a copy of the deeds and transfer the property into her name and register it with the land registry now, or will this all happen automatically when the property is sold?

The house won't be needed for care home fees, she will spend her remaining time there.