Parent and Uncle not wanting to transfer land registry

mattdragon2

My Mum and Uncle inherrited a house from their mum (Grandmother). 50% share each. Tenants in common.

The issue is the grandmother has been on the land registry for over 10 years and I didn't realise this.

I told them it needs to be updated but they said it can wait until they pass away and the kids can sort it out (me, brother and 4 others, 2 being in another country).

I wanted to sort it out now because I feel it will be more complicated when one or both pass, but is there anything I can say to convince them? Or get them to understand. Or does it really not matter?

p00hsticks

Who (if anyone) dealt with your grandmothers estate ?
Do you know if they obtained probate ?

If England / Wales you can look to see if probate was obtained here
Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

mattdragon2

Yes there was a probate obtained, my Mum has it.

I don't know exactly who dealt with the estate but there is a probabe as they showed me.

Flugelhorn

when my mother died I found that my father was still on the LR as joint tenants with her - he had died 20 years before. i sold the property as exec and all that my solicitor needed to see was her probate and his death cert -
I gathered the fat that father was still on the LR was no problem to her at all

p00hsticks

Flugelhorn said:

when my mother died I found that my father was still on the LR as joint tenants with her - he had died 20 years before. i sold the property as exec and all that my solicitor needed to see was her probate and his death cert -
I gathered the fat that father was still on the LR was no problem to her at all

That's a slightly different scenario though.

With a joint tenancy the ownership of the property automatically passes to the other owner - so as you say, all that is needed is their death certificate to demonstrate the change of ownership. 

If there's no joint tenancy (as appears to be the case in the OP) then following the owners death the new ownership will depend on the contents of their will (if there is one) or the intestacy laws (if not). That's why I asked if grandmas's estate had been dealt with and probate obtained as if not that would have been the first stage needed before any new ownership could be registered. 

mattdragon2

It says on the probate granted by the court to the executors which are my mum and uncle.

It just just signed by probate officer / district registar.

We know that my mum and uncle have 50% share. What i'm confused about is whether I need to register on the land registry. I just don't want it where I need like 6 signatures when they pass to just get a sale approved.

RAS

There are two ways in which register ownership when two people are involved.

Tenants in common each own a portion of the property and neither can dispose of the other party's portion. Without any deed of trust the assumption is that ownership is 50:50. Both parties can leave their portion to whoever they wish but neither can sell the house without the other's consent. 

Do either of the siblings live in the house? If so does grandma's will entitle them to live there a specified time?

What arrangements are there between the siblings regarding the sale of the house after the first dies? 

BikingBud

Parent and Aunt (thread title) or parent and uncle it doesn't make any difference apart from inconsistencies undermine any discussion.

But what do the beneficiaries (mum and aunt/uncle) want to do with the house?

If selling then it can be wrapped in the sale conveyance.

If retaining for some other purpose I would be seeking to update the Land Reg and be clear on the type of tenancy, joint or in common, so that when this occurs it doesn't need unpicking too much

mattdragon2 said:

I told them it needs to be updated but they said it can wait until they pass away and the kids can sort it out (me, brother and 4 others, 2 being in another country).

That already seems a bit of a recipe for forthcoming angst.

mattdragon2

Sorry, I changed the title.

They don't want to do anything with the house, just leave leave it for the kids to sort out. Too much hassle for them to sell.

At the moment one of the uncles kids are living at the accomodation but they signed a tenancy agreement to stay there rent free as long as they have no interest in the house.

At the moment they still don't see why the house should be registered on the land registry since they don't want to do anything with the house. I was trying to get them to register but couldn't find a reason for them to do it.

BikingBud

Have they investigated the hassles related to being a landlord?

Someone more knowledgeable will come along and advise but lack of paid rent doesn't reduce any of the significant and burdensome problems of being a landlord see here:

Tenancies in Eng/Wales: Guides for landlords and tenants

RAS

mattdragon2 said:

Sorry, I changed the title.

They don't want to do anything with the house, just leave leave it for the kids to sort out. Too much hassle for them to sell.

At the moment one of the uncles kids are living at the accomodation but they signed a tenancy agreement to stay there rent free as long as they have no interest in the house.

At the moment they still don't see why the house should be registered on the land registry since they don't want to do anything with the house. I was trying to get them to register but couldn't find a reason for them to do it.

Red flag there. By law uncle and mum gave to comply with the law regarding tenancies. Even if the kids is not paying rent they could create a tenancy. And there are situations where failure to comply with the law results in fines to be paid by the owners, whether that is uncle  and aunt or the estate. 

You've not indicated what the will says happens when the first of the inheritors dies. 

If neither of the inheritors is prepared to sort it out now, you could end up with the kid in residence until his death.