Assent with a charge

My mum died and left me the house in the will. Dad died 20 years ago, but his name was not removed. My brother gave them some money to pay off their mortgage and a charge was added. 
I have 2 questions 

1. Do I still use an AS1? Do I need to include dads name or just send his death certificate?

2. Does the charge affect the application, or does the charge just transfer with the property automatically?

Thanks

Comments

  • DE_612183
    DE_612183 Posts: 3,538 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Have you applied for probate?
  • Keep_pedalling
    Keep_pedalling Posts: 20,397 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Are you planning to keep it? If your are hopefully you will be able to pay off your brother’s loan and have the charge removed.
  • Probate has been granted and I'm keeping the house.  Unfortunately I can't afford to pay him off in full yet so it will need to stay put. 
  • poseidon1
    poseidon1 Posts: 1,193 Forumite
    1,000 Posts First Anniversary Name Dropper
    My mum died and left me the house in the will. Dad died 20 years ago, but his name was not removed. My brother gave them some money to pay off their mortgage and a charge was added. 
    I have 2 questions 

    1. Do I still use an AS1? Do I need to include dads name or just send his death certificate?

    2. Does the charge affect the application, or does the charge just transfer with the property automatically?

    Thanks
    May I say your brother was very wise to protect his financial interest ( a loan to parents) by imposing  a legal charge.

    I have seen a couple of occasions where, in a similar scenario, the generous sibling did not document or protect their substantial loans to parents, with the other siblings ( who did not financially assist ) later asserting it was an outright gift to parents and therefore insisting there should be no offset from the deceased estate to compensate the generous sibling ( neither wills bothered to document the child's prior loans). 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.3K Banking & Borrowing
  • 252.9K Reduce Debt & Boost Income
  • 453.2K Spending & Discounts
  • 243.3K Work, Benefits & Business
  • 597.8K Mortgages, Homes & Bills
  • 176.6K Life & Family
  • 256.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.