Executor - Re-assigning ownership with land registry???

sgx2000

Hi
I am the executor of my sons maternal grandfathers estate
Got the bank to transfer and close accounts with £30k in them.. Without probate...

But, His will says his half of a property owned with his ex-wife (Tenants in Common) is to be left to his 2 daughters (ex-wifes daughters)
Ex-wife still lives in the property they cohabited together, but where divorced

How can I reassign the property to his daughters without going to probate???

user1977

sgx2000 said:

How can I reassign the property to his daughters without going to probate???

Doubt that's possible. Has anybody suggested it might be?

Thrugelmir

sgx2000 said:

How can I reassign the property to his daughters without going to probate???

You've no legal authority to do so without. 

sgx2000

Thrugelmir said:

sgx2000 said:

How can I reassign the property to his daughters without going to probate???

You've no legal authority to do so without. 

Agreed!  However I did read somewhere that the other co-owner can reassign the land registry... even if they where "Tenants in Common"....   I knew I should have saved the link

Land_Registry

If they were joint owners then you would need the ex-wife to transfer it. Probate is not required and even if you obtained it the property is not part of his estate. 

The TIC aspect you refer to relates to their beneficial ownership, which can be split hence the arrangement they had. 

However the legal ownership can’t be split and has to always be dealt with as a whole. 

So IF you want to transfer the legal ownership to ex plus daughters then this guidance explains what we would need
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

If you would like a simple way of explaining the difference between the legal and beneficial ownerships then happy to add 

getmore4less

sgx2000 said:

Hi
I am the executor of my sons maternal grandfathers estate
Got the bank to transfer and close accounts with £30k in them.. Without probate...

But, His will says his half of a property owned with his ex-wife (Tenants in Common) is to be left to his 2 daughters (ex-wifes daughters)
Ex-wife still lives in the property they cohabited together, but where divorced

How can I reassign the property to his daughters without going to probate???

Does the will still give ex a right to live there?

If it does then there is a trust and there is more to do.

That can interact with how you deal with nil rate bands and get messy if the value of the house is high as they were divorced.

Land reg rep has covered the often misunderstood issue with joint ownership and the need(not) for probate.

Land_Registry

getmore4less said:

sgx2000 said:

Hi
I am the executor of my sons maternal grandfathers estate
Got the bank to transfer and close accounts with £30k in them.. Without probate...

But, His will says his half of a property owned with his ex-wife (Tenants in Common) is to be left to his 2 daughters (ex-wifes daughters)
Ex-wife still lives in the property they cohabited together, but where divorced

How can I reassign the property to his daughters without going to probate???

Does the will still give ex a right to live there?

If it does then there is a trust and there is more to do.

That can interact with how you deal with nil rate bands and get messy if the value of the house is high as they were divorced.

Land reg rep has covered the often misunderstood issue with joint ownership and the need(not) for probate.

getmore4less said:

sgx2000 said:

Hi
I am the executor of my sons maternal grandfathers estate
Got the bank to transfer and close accounts with £30k in them.. Without probate...

But, His will says his half of a property owned with his ex-wife (Tenants in Common) is to be left to his 2 daughters (ex-wifes daughters)
Ex-wife still lives in the property they cohabited together, but where divorced

How can I reassign the property to his daughters without going to probate???

Does the will still give ex a right to live there?

If it does then there is a trust and there is more to do.

That can interact with how you deal with nil rate bands and get messy if the value of the house is high as they were divorced.

Land reg rep has covered the often misunderstood issue with joint ownership and the need(not) for probate.

That’s the crux of it really as to what actually works and is best for ex wife and daughters. 

We register the outcome of what works/is best so don’t have any advice to share re what’s best. 

Key is there are options and all are unique to the various individual circumstances so best to get wider legal/financial advice that also covers what happens re future life/death events