Transfer of jointly owned property with shares in shared freehold company?

Dealing with mothers death, surviving sole beneficiary father per will.
Jointly (not common) leasehold flat with shares in the blocks freehold company.
Father has lost the share certificates.
I think for the title to the leasehold I send in DJP with a death certificate.
I supose I then ask the directors of Freehold Limited to take mother off the share register and issue a new cetificate. They take care of registering an amended Charge in the freehold title?
I ask because one of the managing agents (there are a couple of similar properties) mentioned sending a Transfer of Title which seems wrong?
I might put this through solicitors just to be safe, esp considering the missing certificates. But if not, I assume a statement of loss and indemnity shoud satisfy the directors of Freehold Limited they can issue the new certs to father though?
Thank you!

Comments

  • gwynlas
    gwynlas Posts: 1,620
    First Post First Anniversary Name Dropper
    Forumite
    I beleive there does not need to be a paper copy of the certificate if your father is listed as sole proprietor of the flat with a percentage ownership of the freehold title and these are often lost. Management companies can charge large admin fees to issue a new certificate so check what really needs to be done to satisfy legalities.
  • Marcon
    Marcon Posts: 9,971
    First Anniversary Name Dropper Combo Breaker First Post
    Forumite
    edited 2 December 2023 at 11:57AM
    Dealing with mothers death, surviving sole beneficiary father per will.
    Jointly (not common) leasehold flat with shares in the blocks freehold company.
    Father has lost the share certificates.
    I think for the title to the leasehold I send in DJP with a death certificate.
    I supose I then ask the directors of Freehold Limited to take mother off the share register and issue a new cetificate. They take care of registering an amended Charge in the freehold title?
    I ask because one of the managing agents (there are a couple of similar properties) mentioned sending a Transfer of Title which seems wrong?
    I might put this through solicitors just to be safe, esp considering the missing certificates. But if not, I assume a statement of loss and indemnity shoud satisfy the directors of Freehold Limited they can issue the new certs to father though?
    Thank you!
    The missing share certificate is no big deal, so don't worry too much. The shares in this sort of company aren't tradable.

    If you look at the lease, and the articles of association for the freehold company, that should spell out what needs to happen - or ask the managing agent for this particular block.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • gwynlas said:
    I beleive there does not need to be a paper copy of the certificate if your father is listed as sole proprietor of the flat with a percentage ownership of the freehold title and these are often lost. Management companies can charge large admin fees to issue a new certificate so check what really needs to be done to satisfy legalities.
    Indeed, I've been informed the fee is £90 by the one more switched on management agent. 
  • Marcon said:

    The missing share certificate is no big deal, so don't worry too much. The shares in this sort of company aren't tradable.

    If you look at the lease, and the articles of association for the freehold company, that should spell out what needs to happen - or ask the managing agent for this particular block.
    Good to hear... I dont actually understand why such companies bother with certificates tbh. Must happen all the time.

    I'll look at the articles, which should be available at companies house online. Good idea.
  • Marcon
    Marcon Posts: 9,971
    First Anniversary Name Dropper Combo Breaker First Post
    Forumite
    Marcon said:

    The missing share certificate is no big deal, so don't worry too much. The shares in this sort of company aren't tradable.

    If you look at the lease, and the articles of association for the freehold company, that should spell out what needs to happen - or ask the managing agent for this particular block.
    Good to hear... I dont actually understand why such companies bother with certificates tbh. Must happen all the time.

    I'll look at the articles, which should be available at companies house online. Good idea.
    You might find it's something called a 'guarantee' company, in which case there won't ever have been share certificates.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
Meet your Ambassadors

Categories

  • All Categories
  • 341.7K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.1K Spending & Discounts
  • 233.9K Work, Benefits & Business
  • 606K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards