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Registering property in beneficiaries names

2

Comments

  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nothing can move on until the executor gets the first registration done with the Land Registry.
    www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-if-deeds-are-lost-or-destroyed

    If the executor won't take action, there is a way to have her removed and for others to take over.

  • RAS
    RAS Posts: 36,587 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mojisola said:
    Nothing can move on until the executor gets the first registration done with the Land Registry.
    www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-if-deeds-are-lost-or-destroyed
    Does the OP mean that there are no title deeds? Or that the property is not yet on the Land Registry?

    If the latter, then they need to find out where the deeds are.

    OP, you mention three beneficiaries, yourself, brother and who? Would that third person join your plan to get things moving?
    If you've have not made a mistake, you've made nothing
  • How was the property bequeathed to the beneficiaries? Was it left specifically to them or was it the proceeds of the sale that was left to them?
  • RAS said:
    Mojisola said:
    Nothing can move on until the executor gets the first registration done with the Land Registry.
    www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-if-deeds-are-lost-or-destroyed
    Does the OP mean that there are no title deeds? Or that the property is not yet on the Land Registry?

    If the latter, then they need to find out where the deeds are.

    OP, you mention three beneficiaries, yourself, brother and who? Would that third person join your plan to get things moving?
    There are 3 brothers who are beneficiaries. The other brother seems to side with the brother who is acting as the representative. The wife of the other brother is the executor.

    The house was purchased pre 60s and as far as I know there was no land registry back then or no ability to register. From what I can gather the bank would have held the title deeds until the mortgage was paid. I think my Father having paid the mortgage off must have taken possession of the deeds but mislaid them.
  • How was the property bequeathed to the beneficiaries? Was it left specifically to them or was it the proceeds of the sale that was left to them?
    From what I can decipher the property would be sold and added to any other proceeds.
  • RAS
    RAS Posts: 36,587 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So does the third brother understand how much the executor's actions are costing him? 

    Don't know how much the house was worth when probate was granted? But look at the interest generated over the last five years, which could probably be tax free? 

    Then look at the current value, minus the cost of maintaining building, CT, insurance, penalty charges, the misguided improvements? And knock CGT off one third of the that. There would have been very little of that to pay with a prompt sale.

    It's the lost opportunity costs, continuing cost and increasing tax liabilities. 
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 36,587 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How was the property bequeathed to the beneficiaries? Was it left specifically to them or was it the proceeds of the sale that was left to them?
    From what I can decipher the property would be sold and added to any other proceeds.
    Is there enough money to buy you out of your share of the house?
    If you've have not made a mistake, you've made nothing
  • I've just looked at the council tax penalty payments for the area the property is located in. Effectively the property has been empty for 2 years so is now liable to a 100% increase in council tax.
  • RAS said:
    How was the property bequeathed to the beneficiaries? Was it left specifically to them or was it the proceeds of the sale that was left to them?
    From what I can decipher the property would be sold and added to any other proceeds.
    Is there enough money to buy you out of your share of the house?
    I don't think there's enough money to buy me out but both my brothers are quite well off. One is a bit of landlord owning 3 properties, the other is comfortable I would guess.
  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    Who was living in the property between 2018 and 2022? 
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