Sibling buying us out of inherited Home

Hi all,
Completely new to this but need some advice.

My parents passed away recently leaving no will. My little sister has moved into the home with her partner. They want to buy myself and our other sister out of the inherited home.
My questions is, as the nominated person granted probate, can I just register the house in her name with land registry so they effectively own the property and they take out a mortgage based on property value being 1/3 greater than they would need, to pay us (self and other sister) off? 

Do we need to go all legal or is that something that we can draft up and complete ourselves. Appreciate that there is a certain risk in doing it this way, but we all agree on it going this way and we get along.

Thanks
Barrytwn

Comments

  • kingstreet
    kingstreet Posts: 39,217 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't do it that way.

    It's best if the property is purchased from the estate with the purchasing beneficiary using their share as their deposit. If you transfer it into the beneficiary's name now, many lenders won't lend until she has "owned" the property for six months.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • Don't do it that way.

    It's best if the property is purchased from the estate with the purchasing beneficiary using their share as their deposit. If you transfer it into the beneficiary's name now, many lenders won't lend until she has "owned" the property for six months.
    Hi Kingstreet,

    Thanks for the advice, what is the best way to do that? Please tell me to jog on if I am now asking for free advice that I should be paying for, but to be honest the more I look online the more confused I get! 
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    They buy it like a normal purchase.

    Administrator(estate) acts as vendor

    Apply for mortgage for 2/3(if 3 of you) or less if they have other cash.

    As well as the mortgage issue as it is more standard way to buy houses more of the people that get involved are familiar with the process.

    Any other assets in the estate to juggle the numbers she gets more house you get more cash/other.
  • Land_Registry
    Land_Registry Posts: 6,110 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    See ou see our online guidance re a beneficiary buying out another. It explains the registration requirements only 
    https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2a7a55c0-8e82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=
    The wider issues re monies etc would benefit from legal/financial advice. And whilst you don’t have to use a conveyancer to update the register they do understand the process, forms and can verify identities where needed 
    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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