Tenants in Common after death - what's required

silversand

My dad died in March 2022. He and mum owned their property as tenants in common. He left everything to her, and there was solicitor involvement (we had to get a deed of variation) so we thought no more about it

She is now selling the property and having accepted an offer and started on the legal process it transpires that dad is still on the deeds and needs to be removed before we can proceed.

Please can someone confirm exactly which forms I need to fill in and what else I need to do to get this sorted? I think it's forms RX3 & ST5 plus copies of death certificate, will and deed of variation?

I apologise as I know this has been covered many times and I have searched, but I want to make sure I am absolutely clear and get it right first time as I cannot afford to hold up proceedings! (and yes, solicitors would do it but at a cost of hundreds.)

Thank you in advance

Keep_pedalling

You don't have to do anything your mother’s conveyancing solicitor will handle that.

What did the deed of variation do?

silversand

Keep_pedalling said:

You don't have to do anything your mother’s conveyancing solicitor will handle that.

What did the deed of variation do?

Yes I do - the solicitors want to add another £400 to the bill to do it themselves! I spoke to the named solicitor before I posted who is happy for me to do it and thinks I am capable but could only give me very limited information without charging(!)

Deed of variation - removed all references to me/trusts (wills were 20+ years out of date and I was still a child when last updated), leaving mum to inherit 100% and added me as executor.

mattojgb

You are more likely to delay the sale if you submit forms directly to the LR (which will have to be actioned) rather than let the conveyancing solicitor deal with it all.

msb1234

the conveyancing solicitor is scamming you if they want to charge £400! It’s a simple task as part of the house sale process and should not cost that much.
My legal fees for selling my late mum’s house which also included the change of name on the deeds cost £1200 in total.
However, saying that, £400 in the overall cost of selling the house is a tiny amount.

silversand

Just thought I'd update to say I did go ahead and do it myself (with the solicitor's blessing, and as much guidance as she could give me without charging) it was indeed forms RX3 & ST5 plus copies of death certificate, will and deed of variation (In theory the will should have been redundant but I thought I'd send too much rather than not enough)

I had an email on 27th November to say they had received it and estimated it would be completed 31 March 2025(!) so I immediately applied to have it expedited. Waited nervously in case I'd messed something up.

Had all the paperwork back at the beginning of this week, all sorted! We have everything ready to exchange contracts at our end so everything crossed there are no problems elsewhere and we can exchange at the beginning of January