land registry after probate 21 July at 9:48AM in Deaths, Funerals & Probate 8 replies 221 views

JojoP23

My father died last year and left his property equslly between myself and my brother After a few headaches I was able to obtain probate online through government website.. all good. I'm now confused as to whether I need to register ownership through land regustry or if it has been done within the probate process.. Thank you 

xylophone

 I'm now confused as to whether I need to register ownership through land regustry or if it has been done within the probate process.. 

It is up to you to re-register/deal with sale.
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor
You can  engage a  conveyancing solicitor.

JojoP23

Even if it's staying within the family and not being sold

xylophone

Even if it's staying within the family and not being sold

You can transfer it into the names of the new owners.

https://help.landregistry.gov.uk/app/answers/detail/a_id/27/~/transfer-property-to-the-beneficiary-after-the-sole-owner-has-died

AnotherJoe

If its staying in family, i would transfer it now rather than having to chase a paper trail in x years time when its sold.

If its not staying in family, eg you are going to sell it reasonably soon, dont transfer it now,  it that can be done at that time.

JojoP23

Thanks for reply my sibling and I jointly own a property that we were sharing until my Father passed..so at the moment we both jointly own 2 properties between us. Both living separately now and no dependents. What I would like to happen is that both properties are held in individual names to save any complications further down the line. We don't communicate very well at the best of times unfortunately so I don't want to complicate anything further. I think he would be happy to keep things as they are but if it's an easy task he wouldn't object so much

xylophone

Your father's house is unoccupied?
One of you is still living in the jointly owned property and the other is renting elsewhere?
Is the jointly owned property of much the same value as your father's house?

JojoP23

Hi Zylophone, nobody is renting my Brother is living at my Father's property bequeathed to us both and I am living in the house we have owned together for many years..and yes they are of a similar value

xylophone

You say that you don't get on but nevertheless would he agree to consult a solicitor to discuss transferring your father's house into his sole name against a transfer to you of his interest in the jointly owned property?