Do i need a solicitor to transfer name on deeds at Land Registry

bobgroups

Hi,
My Dad is the administrator of my mum's estate. Mum died intestate and my Dad is arranging for her property which I lived in to be transferred to me. My Dad has the letter of administration back from the solicitor and also the mortgage is fully paid. 
We recently asked the solicitor to send a Deed of Variation so that Dad can register for the record that the property is to be transferred to me. We are in the process of signing this along with a witness. Once we and the witness have signed I will post the deed of variation to the solicitor. 

I have some qns please: 
1. Do we need a solicitor for the process of transferring the property to me at Land Registry??
I looked into transferring a property when someone dies and saw this article from Land Registry: 
https://www.gov.uk/update-property-records-someone-dies
I was reviewing the section on  "If you transfer to a beneficiary" and I saw several forms that need to be filled in. 

2. Do we need to wait for the Deed of variation to be registered at the appropriate govt office b4 we proceed with changing name on deeds?

Thanks

Sorcerer2018

Do you have grant of representation (probate) also. I would say although it's possible to do yourself, but it can be easier to do with a solicitor, but get a quote first before you do. I didn't think the "Deed of Variation" had anything to do with the land registry, but more for the probate. But I am far from an expert, just somebody who has done this recently, albeit with a solicitor.

tacpot12

You will need to wait until the Deed of Variation is valid before sending it to the Land Registry with the form, as you can't become the owner without the Deed. You only need to send it to HMRC if it changes the amount of IHT to be paid. Otherwise it doesn't need to be sent to any government department. 


You don't need to use a solicitor, but it might be worthwhile having a solicitor look at the title to the property, as you don't want the house if it is going to come with a load of problems. It would be better to sort those problems out now, rather than inherit the house and find problems in 30 years time when there is less chance to fix them.

bobgroups

Sorcerer2018 said:

Do you have grant of representation (probate) also. I would say although it's possible to do yourself, but it can be easier to do with a solicitor, but get a quote first before you do. I didn't think the "Deed of Variation" had anything to do with the land registry, but more for the probate. But I am far from an expert, just somebody who has done this recently, albeit with a solicitor.

From what I understand from the solicitor the "Deed of Variation" is effectively a will made by the administrator with consent of all the beneficiaries of my mother's estate. Hence My Dad, my brother and myself as we are all beneficiaries of the assets sign the deed of variation. Effectively it is the method the solicitor said where the property could be transferred to me from my Dad and not be part of Dad's estate. 
I think I will get a quote from the solicitor for this piece of work

Bobziz

bobgroups said:

Sorcerer2018 said:

Do you have grant of representation (probate) also. I would say although it's possible to do yourself, but it can be easier to do with a solicitor, but get a quote first before you do. I didn't think the "Deed of Variation" had anything to do with the land registry, but more for the probate. But I am far from an expert, just somebody who has done this recently, albeit with a solicitor.

From what I understand from the solicitor the "Deed of Variation" is effectively a will made by the administrator with consent of all the beneficiaries of my mother's estate. Hence My Dad, my brother and myself as we are all beneficiaries of the assets sign the deed of variation. Effectively it is the method the solicitor said where the property could be transferred to me from my Dad and not be part of Dad's estate. 
I think I will get a quote from the solicitor for this piece of work

I think it's wise to get a solicitor to draw up such a deed. The wording is important and not something that you want to get wrong. I had a couple of Deeds drawn up on a Will last year at a cost of £1200. Should have been more like £600-800, but that's another story.

getmore4less

Don't think you need the DOV for registration just the grant.
Grant gives authorisation to the administrator to change the ownership. 

Land reg don't check beneficial interests. 


The DOV is for tax and only needed for dad's/brothers estate and mum's estate if it changes IHT on that due to the variation 
DOV don't need to go anywhere. 

How big is the estate, that children have become beneficiaries. 

bobgroups

getmore4less said:

Don't think you need the DOV for registration just the grant.
Grant gives authorisation to the administrator to change the ownership. 

Land reg don't check beneficial interests. 


The DOV is for tax and only needed for dad's/brothers estate and mum's estate if it changes IHT on that due to the variation 
DOV don't need to go anywhere. 

How big is the estate, that children have become beneficiaries. 

ok great....
good to know land reg don't check beneficial interests. For the land registry bit i.e. change of name on deeds from mum's to my name i think will go through solicitor just so that we get everything done right...will check how much solicitor charges upfront. 

As mum did not leave will Dad has the letter of administration (equivalent of probate grant if no will) so the land reg just need that as well as the other forms. 

Hmmm DOV does not need to go anywhere - ok. Was asking I heard from a friend it is of no value unless it's registered. 
looks like only if IHT increases we need to notify HMRC:

"Do I need to notify HMRC of the deed of variation?

A further issue to consider is whether the variation to the will results in more Inheritance Tax becoming payable. If it does, then HMRC must be notified. Make the notification to HMRC within six months of the date of the deed of variation."
https://www.legalo.co.uk/guides/guide-to-our-deed-of-variation-for-will-template/

Mum's estate was about 600k and she was living there so she gets 500k IHT allowance. As it's intestate the estate gets divided and Dad is remaining spouse and he is giving Mum's property to me via the DOV. From what I understand Dad gets mum's remaining IHT allowance i.e. the difference between the property value and 500k.

bobgroups

Bobziz said:

bobgroups said:

Sorcerer2018 said:

Do you have grant of representation (probate) also. I would say although it's possible to do yourself, but it can be easier to do with a solicitor, but get a quote first before you do. I didn't think the "Deed of Variation" had anything to do with the land registry, but more for the probate. But I am far from an expert, just somebody who has done this recently, albeit with a solicitor.

From what I understand from the solicitor the "Deed of Variation" is effectively a will made by the administrator with consent of all the beneficiaries of my mother's estate. Hence My Dad, my brother and myself as we are all beneficiaries of the assets sign the deed of variation. Effectively it is the method the solicitor said where the property could be transferred to me from my Dad and not be part of Dad's estate. 
I think I will get a quote from the solicitor for this piece of work

I think it's wise to get a solicitor to draw up such a deed. The wording is important and not something that you want to get wrong. I had a couple of Deeds drawn up on a Will last year at a cost of £1200. Should have been more like £600-800, but that's another story.

thanks we've had the deed drafted by a solicitor, He said about £600. so that bits done albeit Da, brother and me need to sign and post back to the solicitor. 

getmore4less

Intestacy  £600k
Of the top of my head
First  £270k dad
£330k left. 
£115k dad
£115k spit between children

How much is the house worth? 

The nil rate band is £500k but split.
£175k qualifying assets only. 
£325k all assets. 

bobgroups

getmore4less said:

Intestacy  £600k
Of the top of my head
First  £270k dad
£330k left. 
£115k dad
£115k spit between children

How much is the house worth? 

The nil rate band is £500k but split.
£175k qualifying assets only. 
£325k all assets. 

house is 380. The remaining Dad plans to gift under PET to grandchildren. 

getmore4less

Could DAD potentially benefit from the extra from transferable  nil rate bands?

Does he have a  house big enough to use up £350

There is the option to DOV the other way so dad get everything including both transferable NRB

then PET the house etc. and hope for 7 years