Selling Inherited House. Need To Register It With Land Registry Before Sale?

woodbine66

Just a quick one. My mother inherited a small house. She's now got probate and wants to sell the empty house straight away. Do we need to register the house at Land Reg in her name, or just re-register it straight from the deceased's name to the buyer's name when it's sold?


Thanks for any advice.

Norman_Castle

If its sold from the estate its not necessary to register with the land registry as she hasn't owned the house.

G_M

Who are the Executers or Administrators of the Estate? They can sell the property while it is still registered in the deceased's name.


If the Estate has been wound up and your mother is selling as Beneficiary, I believe she should register it in her name first.

https://www.gov.uk/update-property-records-someone-dies

https://hmlandregistry.blog.gov.uk/2018/02/13/property-owner-dies/

woodbine66

Norman_Castle wrote: »

If its sold from the estate its not necessary to register with the land registry as she hasn't owned the house.

Thanks for your reply. Only just received probate. It's being sold straight from the estate, as the house is on a restrictive lease through a housing association. The lease says we either have to live in the house which we don't want to, or it has to be sold.

woodbine66

G_M wrote: »

Who are the Executers or Administrators of the Estate? They can sell the property while it is still registered in the deceased's name.


If the Estate has been wound up and your mother is selling as Beneficiary, I believe she should register it in her name first.

https://www.gov.uk/update-property-records-someone-dies

https://hmlandregistry.blog.gov.uk/2018/02/13/property-owner-dies/

Thanks for your reply and links. I'm the administrator of the estate. We've only just received LOA/Probate, so just starting to deal with assets.


Is it likely to complicate the sale if it's straight from estate?

G_M

woodbine66 wrote: »

Is it likely to complicate the sale if it's straight from estate?

As per my signiture!

Mrs_pbradley936

woodbine66 wrote: »

Thanks for your reply and links. I'm the administrator of the estate. We've only just received LOA/Probate, so just starting to deal with assets.


Is it likely to complicate the sale if it's straight from estate?

No BUT - they are likely to have restrictive clauses about who can buy it.

My eldest son was divorced and got into a relationship with a divorced woman who had a son. She and the ex-husband had a part buy part rent arrangement with a Housing Association. The ex- husband was still paying the expenses for the former matrimonial home plus maintenance for his son.

My son moved in with her and before long they had a child. The ex-husband was not happy to be paying for the roof over my son's head and so it is agreed that my son will take over the payments. However, my son did not qualify for social housing because he has owned a house previously.

After months of correspondence back and forth the Housing Association would not accept him or us (because we offered to finance the cost of buying the Housing Association's share).

We thought if they were out of the picture all together then there would not be a problem - my son and his new wife would own the entire place and social housing policy would be redundant.

However, they would not budge and in the end the family moved out of that place. The equity was shared between my daughter-in-law and her ex husband.

Tom99

woodbine66 wrote: »

Is it likely to complicate the sale if it's straight from estate?

It should be no problem at all. The solicitor will deal with it for you once you give them a copy of the probate document.

Norman_Castle

woodbine66 wrote: »

as the house is on a restrictive lease through a housing association. The lease says we either have to live in the house which we don't want to, or it has to be sold.

Might be worth contacting the HA before offering it for sale to check for other requirements or restrictions.