Assent with a charge

IsabelleZorro

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

DE_612183

Have you applied for probate?

Keep_pedalling

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.

IsabelleZorro

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

IsabelleZorro said:

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).