Registering property in beneficiaries names

Keep_pedalling

Have the other assets been distributed?

specialcat

Keep_pedalling said:

Have the other assets been distributed?

I have received 10K GBP but am still owed close to 15K GBP

specialcat

I did post this once before but I think as I am a relative newcoe on this forum I'm not allowed to post url links:

An article I found recently on the Daily Telegraph:-

"How Labour could soon force you to rent out your empty home

How Labour could soon force you to rent out your empty home

Councils could be granted powers to take over properties left vacant for six months

Noah EastwoodMoney Reporter

21 December 2024 6:00am GMT

Labour is considering plans to give councils the power to take over and let houses that are left empty for six months in a blow to property owners.

A group of cross-party MPs have called on the Government to shorten the time councils must wait to confiscate a vacant property from its owner from two years to six months.

The power, known as an empty dwelling management order (EDMO), was earmarked for reform by house secretary, Angela Rayner, in a policy announcement on Monday.

Local authorities must currently wait at least two years to take possession of an empty home and are required to prove it has been the target of anti-social behaviour.

The property can then be brought onto the rental market with councils acting as the landlord for a fixed period of time.

But ministers are considering ways to strengthen the powers as thousands of houses sit empty across the country.

Richard Donell, a property expert, said reducing the period a house is empty before a local authority can apply for an EDMO to six months would be “a bit sharp” but “force a conversation” about how it is used.

“There’s definitely a case for encouraging better use of housing [and there is] a case for increasing the cost of just presiding over an empty property,” he added.

Nathan Emerson, chief executive of Propertymark, a trade body, called on Ms Rayner to consider alternatives to handing over empty homes to councils.

He said: “Long-term empty properties should be brought back into use, but this should be done via incentives as opposed to enabling councils to take over management of them.

“The main barrier for many homeowners with inhabitable properties will be struggling financially to bring them back into use, therefore, incentives such as removing VAT on home and energy efficiency improvements, and discounts or exemptions to council tax and stamp duty when empty properties are purchased and utilised would be more impactful.”

A report by campaigners Action on Empty Homes recently found that there were nearly 700,000 unfurnished properties across the country, of which 265,000 were classed as “long-term empty” – meaning they have been unfurnished and not lived in for over six months.

The Government could find cross-party support for taking action on vacant properties after a group of MPs from multiple parties backed reducing the vacancy period required to apply for an EDMO to six months.

In a letter to homelessness minister, Rushanara Ali, lawmakers said the Government should consider “reducing the qualifying period for EDMOs from two years to six months”, and dropping the requirement for vacant homes to be linked to anti-social behaviour.

EMDOs are not currently in widespread use, with just six applications made by councils in 2018, according to the latest available figures published by the Royal Institution of Chartered Surveyors.

Labour could also look to follow a scheme introduced in Wales which offers grants of up to £25,000 for homeowners to make properties fit to live in by renovating hazardous properties and increasing energy efficiency.

A government spokesman said: “Local authorities can use empty dwelling management orders to help bring vacant privately owned properties back into use, and we keep the system under review to ensure it remains as effective as possible."

Alphatauri

specialcat said:

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.

The Land Registry was created in 1862 so definitely existed in the 1960s, Compulsory registration was phased in but only completed in 1990. Depending where the property is, it may be registered as it could have been done on a voluntary basis. 

specialcat

Alphatauri said:

specialcat said:

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.

The Land Registry was created in 1862 so definitely existed in the 1960s, Compulsory registration was phased in but only completed in 1990. Depending where the property is, it may be registered as it could have been done on a voluntary basis. 

Yes I appreciate that but I can assure you the property is not registered along with other properties on the same road who are in the same position. Also I check on a regular basis to see if the entry has been updated but unfortunately not.

As you can possibly appreciate there are other complications so my intention would be simply to force the executor to register the property on the basis they are either in their 80s or approaching so if they were to pass away leave more of a mess for me to untangle should they pass away. If the property is registered in the beneficiaries names as "joint tenants" I would at least feel a bit more relaxed.

Alternatively they might feel it would be easier to sell the property and effectively wind up the administration of the estate.

Keep_pedalling

specialcat said:

Alphatauri said:

specialcat said:

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.

The Land Registry was created in 1862 so definitely existed in the 1960s, Compulsory registration was phased in but only completed in 1990. Depending where the property is, it may be registered as it could have been done on a voluntary basis. 

Yes I appreciate that but I can assure you the property is not registered along with other properties on the same road who are in the same position. Also I check on a regular basis to see if the entry has been updated but unfortunately not.

As you can possibly appreciate there are other complications so my intention would be simply to force the executor to register the property on the basis they are either in their 80s or approaching so if they were to pass away leave more of a mess for me to untangle should they pass away. If the property is registered in the beneficiaries names as "joint tenants" I would at least feel a bit more relaxed.

That is a terrible idea, if you did this and one of the beneficiaries dies their share would pass to the surviving owners not their children. Tenants in common would avoid that but complicates the sale as all beneficiaries need to be involved and cooperating.

Alternatively they might feel it would be easier to sell the property and effectively wind up the administration of the estate.

Getting the house on the market is definitely what you should be pushing for and under the threat of legal action if nothing happens in the next couple of weeks.

poseidon1

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

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

Following on your post with regard to 1st registration of unregistered land, herewith a helpful article on the benefits and procedure involved. 

https://www.chattertons.com/site/blog/commercial-property-blog/voluntary-first-registration-what-is-it-and-is-it-worth-doing#:~:text=First registration at the Land,or mortgages and such like.

Bearing in mind 1st registration on a voluntary basis can take up to a year ( presumably longer if deeds lost),  it would make sense for you to convince sister in law ( as executor) to press forward with 1st registration ASAP.   According to the article, if the property is being marketed for sale this could help expedite the 1st registration process, but without registration and deeds apparently lost, a sale to a willing purchaser would appear to be problematic in any event.

 The registration process looks as if a solicitor will be required ( lost deeds), so you could at least obtain quotes as to likely cost, and then iron out how this cost should be met by the beneficiaries in due course. I certainly agree your brother' s advanced age is an issue, but it is the the premature death of your sister in law ( as executor) , which would be problematic since in that event her executorship would devolve to her own executor ( your brother? ). Harsh as it might sound, your brother dying prematurely could  theoretically allow you to push things along with your sister in law without further hindrance.

However advancing ages of all concerned and the slowing mental faculties that this often accompanies seems to be the major issue here.

specialcat

Well Happy New year to everyone and thankyou so much for the advice, I think i've got some things to go on now.

Last question could anyone recommend a Solicitor or some kind of "Probate Specialist" I could contact. If it helps I am located in the South of England but I assume anywhere in the country would be ok?

RAS

Do you need a STEP lawyer, who writes will so should understand how probate works, or someone for contentious probate, which is likely to be expensive?