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Help with Land registry please?

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Selling mums house as Power of Attorney. Dad died 6 yrs ago. Mum never had the names altered on the Land Registry, the house is still in joint names of her and dad. One solicitor has told me I need "retrospective probate" which may take quite a while. Another has told me all I have to do is send dads death certificate to the Land registry and it will automatically be changed to mums name. I can put the house up for sale in the meantime. I thought of emailing the Land Registry to check the correct procedure but cant find an address. Anyone had any similar experience?
:smileyhea A SMILE COSTS ABSOLUTELY NOTHING

Comments

  • Melissa177
    Melissa177 Posts: 1,727 Forumite
    Hi, try http://www.landregistry.gov.uk/contact/contacts/ for information.

    It's a pretty good website.

    Good luck!
    Errors of opinion may be tolerated where reason is left free to combat it. - Jefferson
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    i think you will have to find your fathers death certificate, and your fathers will - which shows that he willed the house to your mother, and you will need a probate certificate. When he died who did probate for you ? If its not been done, then you may need legal advice as to how to go about doing it. It can be a simple process if it is a simple will - probate is a list of assets and debts of the deceased.

    I always find LR staff very helpful to talk to - give them a call.

    You will not be able to sell this house till legal "ownership" is established, and until the legality of your selling it is also established.
  • If they owned the house jointly, then dad's share will have passed to mum anyway, on his death. So contact the LR first as it may simply be a matter of sending the death certificate to them.

    If they owned it as tenants in common, then it's more complex.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Katykat
    Katykat Posts: 1,743 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks all. Dad did not make a will, and as he left less than £3000, bank said he did not need probate. The house was owned as joint tennants so it passed automatically to mum. She should have sent the death certificate in but didn't. Sadly, she is now unable to do that, so I am having to sort her affairs out. Will have to ring or write to LR as there is no email address.
    :smileyhea A SMILE COSTS ABSOLUTELY NOTHING
  • Katykat wrote: »
    Thanks all. Dad did not make a will, and as he left less than £3000, bank said he did not need probate. The house was owned as joint tennants so it passed automatically to mum. She should have sent the death certificate in but didn't. Sadly, she is now unable to do that, so I am having to sort her affairs out. Will have to ring or write to LR as there is no email address.

    Found a specific form on the LR website for this. It's only one page.

    If you do not have your Dad's death certificate, you can get a copy from the Registrar's Office provided you know the place and date of death. you might need his full name and date of birth too.

    HTH
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Katykat
    Katykat Posts: 1,743 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thank goodness for someone like Debt free chick. Thankyou DFC. I've had a reply from the land Registry today, they told me to consult a solicitor as they cannot give legal advice. How come they dont know about this form on their own website? I had already consulted 2 solicitors who gave me conflicting advice, thats why I posted the question. I've downloaded the form now and all I have to do is send it off with dads death certificate. Thankyou again.
    :smileyhea A SMILE COSTS ABSOLUTELY NOTHING
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