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Land registry update

My father passed away leaving his 50% of his ownership of his home to my sister and myself.  Before his probate was completed my sister passed away leaving her share of the property to myself.  Therefore my mother owns 50% and I have inherited 50% - at what point do I need to update the land registry to remove my fathers name and replace with mine or can it be left as is until either myself or my mother passes away?

Comments

  • xylophone
    xylophone Posts: 45,914 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you intend to be joint tenants or tenants-in-common with your mother?

    Either way, it seems to me to be a good idea to up date the register.

    If tenants-in-common, a Form A restriction should be recorded.

    If tenants-in-common, you and your mother will have separate beneficial entitlements and may leave that entitlement in your wills.

    If joint tenants, on the death of one party, ownership of  the property will pass by survivorship to the other and ultimately to the beneficiary named in the will of the survivor.

    Why don't you and your mother discuss the matter with a solicitor?
  • Land_Registry
    Land_Registry Posts: 6,281 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    HHuish045 said:
    My father passed away leaving his 50% of his ownership of his home to my sister and myself.  Before his probate was completed my sister passed away leaving her share of the property to myself.  Therefore my mother owns 50% and I have inherited 50% - at what point do I need to update the land registry to remove my fathers name and replace with mine or can it be left as is until either myself or my mother passes away?
    I’m sorry to read of your double loss. As xylophone posts it’s often a good idea to get some legal advice as to what the options are and then decide what to do. 
    A few things to note include probate wasn’t needed to deal with the property as the legal ownership passed to Mum as the surviving legal owner. Your late Father’s 50% was his beneficial ownership so essentially halve the value. The property didn’t form part of his estate as a result. 
    If you decide to transfer the legal ownership into your joint names then your Mum would transfer the whole legal ownership to herself and you. You don’t have to transfer it though and other options also exist depending in what you both wan5 to do 
    Similarly you don’t have to update the register re your Father’s death but you can 
    https://help.landregistry.gov.uk/app/answers/detail/a_id/29

    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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