Updating House deeds

noclaf

RAS said:

Do you have a copy of the will and probate documents?

If needed, go to www.gov.uk/search-will-probate. It costs £1.50 but is now extremely clunky. If the surname is Smithson, you may have to use smit to get it to cough up options and they won't be in alphabetic order so you have to tab through. Check David Annal's youtube for a demo.

Yes I have all the documentation including will and probate docs, death certificate etc

RAS

In which case, I'd suggest posting on the renting, selling forum, where the Land Registry rep and a few others who know their way round the system hangout.

Ask what forms and documents you need to transfer ownership of your father's interest to you. Minimise the back-story, but explain this isn't held in trust, as your situation is unusual.

I can't remember half a dozen, and when it has happened it's usually disadvantageous because of the CGT issue.

Keep_pedalling

noclaf said:

exact wording of the will matters. It would be best if you could type out the bit that says "I leave my share of house to noclaf." Unless it does say absolutely.

The exact wording reads as: I hereby direct that my share of the equitable interest in my former matrimonial home of XXXX be vested in my son XXXX

When did dad write his will? Before or after the divorce? Any remarriage?

Post-divorce and no remarriage

If your father left you the property outright, you should register the change of ownership. Did you obtain probate?

As the will was written when I was fairly young another family member was assigned as executor. Aside from the property side of it, all other aspects such as distributing the remainder of his estate and IHT forms were completed/done and dusted within a year. Another question is can I legally make/request the change at the registry since I can evidence the change using his will and death certificate or must it be the executor?
Context- Whilst I can ask said family member to help with the update it would be so much easier if I could do it myself and take away the additional admin for them but, will follow whatever needs to be done in terms of the  right process so if it must be the executor then we can get it done that way.

Your father’s estate has been wound up and you are now the owner of his share of the property so this is something you can do yourself. Assuming you will also be inheriting your mother’s share then there is no real urgency to do this until she dies so you only have to do this once. 

getmore4less

As your mother is the sole legal owner she is the one that needs to update the land registry to add any new legal owner(s)

You need to check if you can do this as her deputy.

noclaf

RAS - I don't plan to sell anytime soon ..unless a situation arose due to circumstances so hoping the CGT aspect won't come up....but it.could be painful if that did happen.

Keep_pedalling - A solicitor said pretty much the same thing as you, just wait rather than spend money and time making the changes now and his view is that my father's will +probate docs are all I need so as to be able to evidence ownership if needed ..and the point about waiting and just doing it once so maybe il just do that.
I do worry about fraud risk so I've setup an alert on the property deeds with the Land Registry so it lets me know if any changes are being requested etc..so far so good!

Thanks both/all for the input, the legal side seems quite complicated but for now I may just 'do nothing'.

RAS

noclaf said:

I have a 'copy' of the deeds, tenants in common with the relevant restriction listed on the deeds and my father passed his share (50%) of the house to me.

The property is listed on the Land Registry.

Also note parents were legally divorced (marriage annulled is the term) if that makes any difference.

Even if there is no trust?

noclaf

RAS said:

noclaf said:

I have a 'copy' of the deeds, tenants in common with the relevant restriction listed on the deeds and my father passed his share (50%) of the house to me.

The property is listed on the Land Registry.

Also note parents were legally divorced (marriage annulled is the term) if that makes any difference.

Even if there is no trust?

Sorry RAS, could you clarify the question if it was meant for me?