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Am I going to have a problem registering a house in my name?
Maisone
Posts: 3 Newbie
Sorry if this is in the wrong bit. Not sure where it should go.
My dad died 14 years ago. He owned the house he lived in with my mum. In his will the house was left to my mum, and any money was split between us (I am an only child). He'd chosen his brother as executor. It was all very straightforward.
Turns out, my uncle didn't do anything regarding changing the name on the house to my mums, and it's still in my dads name.
Uncle has also passed, so I can't ask him why it wasn't sorted out.
Now my mum has died, and in her will everything is left to me.
Am I going to have problems with this?
And how do I go about dealing with it?
Any advice appreciated. Thank you
My dad died 14 years ago. He owned the house he lived in with my mum. In his will the house was left to my mum, and any money was split between us (I am an only child). He'd chosen his brother as executor. It was all very straightforward.
Turns out, my uncle didn't do anything regarding changing the name on the house to my mums, and it's still in my dads name.
Uncle has also passed, so I can't ask him why it wasn't sorted out.
Now my mum has died, and in her will everything is left to me.
Am I going to have problems with this?
And how do I go about dealing with it?
Any advice appreciated. Thank you
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Comments
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Do you have a copy of will and probate for your father?
If not,
https://www.gov.uk/search-will-probate
This should establish that the property was left to your mother.
it seems that you are in the situation where the executor died after taking out the Grant but before completing administration of the estate.
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm05114
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm05102
Are you the named executor of your mother's will?1 -
Yes, I have copies of my dads stuff, and I'm the executor and sole beneficiary of my mums will. Although I did most of the sorting out of his bank account anyway.
It's only a little old house, well under the inheritance tax limit, and there's only a couple hundred pounds in her bank account.
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Are you planning to keep the house or sell it? If the latter you don’t need to put in in your name before selling.1
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As long as you can show the trail - Dad's death certificate, his will, Mum's death certificate and her will - there shouldn't be any problem.3
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I'm planning on keeping the house. And I have copies of everything.
Thanks for the advice.0 -
But do your bit for succession planning and ensure that the next in line have all the paperwork when the time comes.Mojisola said:As long as you can show the trail - Dad's death certificate, his will, Mum's death certificate and her will - there shouldn't be any problem.No man is worth crawling on this earth.
So much to read, so little time.1 -
Not a problem, when my dad died our solicitor just left the house in joint names and held a copy of the death certificate and will. He said it wasn't necessary to put it in my mum's name and it would be a waste of money. Now my mum has died he's just submitted the assent to transfer it to my name. It won't be an issue as you have the death certificate and will.
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Not a problem, when my dad died our solicitor just left the house in joint names
In the OP's case, the property was (and currently is) in her late father's sole name.
His executor should have arranged for the transfer into her mother's name in accordance with Father's will but failed to do this.
Father's executor obtained probate but died without completing administration of the will.
See links.
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But the house in question was not in joint names so no automatic transfer of ownership.Swipe said:Not a problem, when my dad died our solicitor just left the house in joint names and held a copy of the death certificate and will. He said it wasn't necessary to put it in my mum's name and it would be a waste of money. Now my mum has died he's just submitted the assent to transfer it to my name. It won't be an issue as you have the death certificate and will.0 -
Yes, sorry, I misread that.sheramber said:
But the house in question was not in joint names so no automatic transfer of ownership.Swipe said:Not a problem, when my dad died our solicitor just left the house in joint names and held a copy of the death certificate and will. He said it wasn't necessary to put it in my mum's name and it would be a waste of money. Now my mum has died he's just submitted the assent to transfer it to my name. It won't be an issue as you have the death certificate and will.
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