Probate - inheriting property which was already in the sale process - will I be shown as owner

d2446679

Hi, it is hopefully a simple question but I haven't been able to find the right search terms (or source of information) to find the answer! Can anyone help please?

The situation is that an elderly relative has now passed away and has willed their property to me. At the time of death, the relative (via power of attorney) was already in the process of selling the property (to fund future care home fees). Hadn't exchanged contracts yet but there was a firm 'verbal' agreement with the buyer, buyer had started applying for planning permission and so on, and was serious about the deal.

This was put on hold once the relative passed away in order to do probate etc. As the beneficiary I indicated to the solicitors handling it that I would like to continue with the sale to that buyer (once probate had been granted).

I would like to know: will my name and address ever show in the 'history' (if there is such a thing) at the Land Registry for the property? Assuming this sale goes through successfully to the prospective buyer, will it be somehow directly transferred from my relative's name into the seller's name? (I am listed as the vendor on the paperwork)

I do have 'reasons' for not wanting my name and address to be linked to that property, if possible. (not to do with that relative!)

There is no mortgage company etc involved.

Thanks!

d2446679

Just to add to this (I can't find how to edit in the 'new' forums..sorry) a couple of points - the buyer is already aware of the situation and willing to wait a reasonable time. Buyer had already instructed their own solicitors for searches etc. I'm not sure how much of the search etc paperwork can be "reused" now there is technically a different vendor. Hopefully it won't all have to be re-done!

The 'attorney' selling the property on her behalf isn't me.

I have considered whether it's the right thing to do, to continue with the sale. After rational thought I've concluded that it is and that's what I've decided to do. I just wanted to add that in case anyone things I feel 'obligated' to continue due to family reasons or whatever, which isn't relevant.

xylophone

The sale had not even got as far as exchange of contracts so  the property remains firmly in your relative's estate.
The executors  ( not the Attorney - PoA ends on death) can sell the property from the estate and give you the proceeds. It does not need to be transferred into your name.
Of course the PoA may  also be the executor (as was the case with a relative of mine).

d2446679

xylophone said:

The sale had not even got as far as exchange of contracts so  the property remains firmly in your relative's estate.
The executors  ( not the Attorney - PoA ends on death) can sell the property from the estate and give you the proceeds. It does not need to be transferred into your name.
Of course the PoA may  also be the executor (as was the case with a relative of mine).

Thanks - the executor is a solicitor (or firm of solicitors, I suppose -- nominated in the Will many many years ago) and the PoA (nominated relatively recently, when the person who died started to lose capacity but was still coherent) was another relative.

So as I understand it - the executors can directly sell that property and ownership will pass directly from my relative to the buyer without me having to be on any official records?

There isn't anything funny going on (in terms of finances or whatever). But there is someone out there (unrelated to the deceased relative) who is on and off trying to track me down for a few years. That person knows the address of the property but doesn't know my address and I am hoping to be able to keep it that way.

xylophone

Have you advised the solicitor of your preference?
https://www.zoopla.co.uk/discover/selling/executor-selling-property/
In addition, unless the beneficiaries named in the will wish to have the deceased’s property transferred into their names, you as the executor will need to sell it. 
The solicitor will know the ropes!

Flugelhorn

I sold a property under probate ( I was exec and  the sole beneficiary of the estate)  - my name never appeared on the land registry 

badger09

d2446679 said:

Hi, it is hopefully a simple question but I haven't been able to find the right search terms (or source of information) to find the answer! Can anyone help please?

The situation is that an elderly relative has now passed away and has willed their property to me. At the time of death, the relative (via power of attorney) was already in the process of selling the property (to fund future care home fees). Hadn't exchanged contracts yet but there was a firm 'verbal' agreement with the buyer, buyer had started applying for planning permission and so on, and was serious about the deal.

This was put on hold once the relative passed away in order to do probate etc. As the beneficiary I indicated to the solicitors handling it that I would like to continue with the sale to that buyer (once probate had been granted).

I would like to know: will my name and address ever show in the 'history' (if there is such a thing) at the Land Registry for the property? Assuming this sale goes through successfully to the prospective buyer, will it be somehow directly transferred from my relative's name into the seller's name? (I am listed as the vendor on the paperwork)

I do have 'reasons' for not wanting my name and address to be linked to that property, if possible. (not to do with that relative!)

There is no mortgage company etc involved.

Thanks!

I do not understand how your name could appear as the vendor on the paperwork.
At the time the property was put up for sale, when your now deceased relative's solicitor drew up the initial contract, you had no interest in the property. Can you explain please.

d2446679

badger09 said:

I do not understand how your name could appear as the vendor on the paperwork.
At the time the property was put up for sale, when your now deceased relative's solicitor drew up the initial contract, you had no interest in the property. Can you explain please.

There are things like communications between the estate agent handling the sale and the buyer, and the "memo of sale" listing my name and address as the vendor and the buyer's details as the purchaser. The agent is aware of the situation, in fact they only way they have got my details is via the executors.

d2446679

xylophone said:

Have you advised the solicitor of your preference?
[link stripped out as it wouldn't let me post with it!]
In addition, unless the beneficiaries named in the will wish to have the deceased’s property transferred into their names, you as the executor will need to sell it. 
The solicitor will know the ropes!

Thanks, and yes I have. Thank you for the link - I was a bit surprised to see that the beneficiary can 'order' the executor to sell the property if they don't want it transferred into their name - as the exec is acting on behalf of the estate rather than the beneficiary - interesting to know!

d2446679

I did a bit more digging on this today and discovered that if the property was transferred into my name (for whatever reason) my actual address doesn't have to appear on the Land Registry - I could use a "virtual" address (i.e. one of those companies that provide a mailing address and forward letters on - for a fee of course!) for correspondence. That's good to know!

JGB1955

You AREN'T currently the owner - the Executors are, so no need to stress yourself/