We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

Inherited property Interest via Consent Order

Hi

Advice please for how to update Land Registry given complex issue.

My friend needs to request an update to the Land Registry of a property owned by her late mother who passed away easier in 2024 in England.

The situation is complex:-

- Her mother & father divorced c20 years ago  & consent order provided for mother remaining in the the then family home with father retaining a £42k interest in it when sold.

- the divorce led to mother insisting the 2 children chose mum or dad...one sister chose mother and my friend with her father.

- Land Registry was updated to show the fathers £42k interest in the property ie the former marital home 

-  somehow the mother has sold and moved not only the former marital home but also the subsequently purchased property.  She was now on a 3rd property.  The Land Registry for this property shows the £42k interest for my friends father.

- my friends father died in c2019, leaving a legal will with my friend as sole beneficiary.  Low value will so no probate.  I cant comment as to why £42k interest would not need probate.

- in early 2024, my friend's estranged mother dies, her estranged siing and family did not tell her.  No announcement even in paper etc.

- mother's flat value circa £100k is up for sale and estranged sibling is refusing g to tell my friend which solicitor/s are dealing with probate and or sale of flat.

- the mother's will leaves all of her assets to my friends sister......which my friend has no issue with......what she wants is the £42k interest that she inherited via her late  father's will.

HOW does my friend get the Land Registry updated to show that she now owns the £42k.

She has both parents death certificates, her father's Will, LR Titles History fir all 3 properties, consent order and her own birth certificate and photo ID

Thank you

Comments

  • RAS
    RAS Posts: 34,462 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your friend needs advice on placing a caveat on the the mother's probate.
    If you've have not made a mistake, you've made nothing
  • Marcon
    Marcon Posts: 12,982 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 4 December 2024 pm31 3:22PM
    Hi

    Advice please for how to update Land Registry given complex issue.

    My friend needs to request an update to the Land Registry of a property owned by her late mother who passed away easier in 2024 in England.

    The situation is complex:-


    ...so not a good idea to rely on a site where nobody has access to the full facts and nobody is insured to give advice to her. One where professional advice (paid for!) is going to be worth it.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • silvercar
    silvercar Posts: 48,681 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    @Land_Registry can you advise?
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Land_Registry
    Land_Registry Posts: 6,056 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    silvercar said:
    @Land_Registry can you advise?
    I can't advise on anything specific as the OP has not explained how the late Father's interest has been protected on the land register.
    In general terms we deal with the legal ownership and if I have understood correctly that was solely the late Mother's. So when she dies the legal ownership (property) forms part of her estate. Probate is therefore required and her executor can then deal with the property, for example sell it.
    The late Father's interest was a beneficial one created by the agreement reached and then shared in his will. There are ways in which such beneficial interests might be protected on the land register but the real issue here is how to legally ensure that the late Father's interest, which is now the sister's/your friend's can be realised once the sale of the property has been completed. The beneficial interest is in effect tied up in the value of the property so once that is realised in some way, a sale being the obvious one, then you have something that can be shared, namely the £s and pence.
    So first thing to do is to check and confirm how the late Father's beneficial interest is protected on the register, usually by way of a restriction but could be a notice. And then how is the executor going to sell and the purchaser complete with that in play.
    But as others have posted the much bigger and wider issue here is the law with regards that beneficial interest and how it can now be realised and what it's value now is.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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
  • 348.3K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 240.9K Work, Benefits & Business
  • 617.2K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support 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.