Selling an unregistered inherited house

Ageingartist

Myself and my siblings have inherited my late mother’s house, there is no mortgage on the property. Probate has been granted.

The property is unregistered and the deeds are in both of my parents names (both deceased) if we were to sell the house does anyone know what documents would be required in order to sell? I have received varied advice to date and wondered if anyone here has any knowledge before I have to resort to a solicitor.
There is another option where we register the house in our names, thus triggering a registration, and I have questions about that, but at the moment I would like to get the process for selling clear in my head.
Thank you.

p00hsticks

I'm not an expert but I would imagine at the minimum (on top of the deeds in their names)  you'd need the death certificates for both.

 If the house was held as tenants in common I think you'd then need to show somehow (a copy of the will ?) that it passed to the second parent on the first parents death (if held as joint tenants then this would be automatic). 
You'd then need evidence that you are acting as executor for the second parent and so have authority to sell it. 

RAS

First I'd suggest you take a copy of the plan on the deeds, check the Land Registry for adjacent properties and make sure your plan and the missing property on the Land Registry match? Then visit the property with the plan. It's not unknown for people to have sold or acquired bits of land, granted a neighbour the right to access, or blocked access, which only comes to light late in the conveyancing process. Save yourself 6-12 months aggravation by checking first.

You'd be wise to find a good local solicitor who has experience of first registrations. Ask how many they've done? The conveyancing mills are not your friends in this situation.

Who is the executor? They are the people who need to talk to the solicitor, taking with them the grant of probate (do you have this for both parents?), deeds, parents' marriage and death certificates, and their own passports plus a bank or utility bill for their own home(s). Please scan and or photocopy the deeds before handling them over.

That should enable the solicitor to do basic identity checks of the executor(s), make sure in advance, and check that the documents provide evidence of a good title. Once you're confident the evidence is good, commence marketing with a good local estate agent.

FreeBear

p00hsticks said:

I'm not an expert but I would imagine at the minimum (on top of the deeds in their names)  you'd need the death certificates for both.

I did a compulsory first registration about 10 years ago. Didn't need death certificates...

What I did need was documentation showing full chain of ownership from when the place was built back in 1928/9 through to the latest owner. Fortunately managed to get hold of all the conveyancing documents (found them hidden away in an archive in Cambridge). Final change of ownership was done with an AS1 accompanied by a Grant of Probate.

If you have all the old conveyancing documents, I would imagine you could sell without doing the first registration and supply a TR1 in place of the AS1 - A decent solicitor should be able to advise you on what forms & documents are needed. You just need a buyer willing to wait a little longer for the Land Registry to process the paperwork.

EssexHebridean

Any half decent high street firm with someone in post completions who has been around for at least a few years should be able to do a first reg, although in fact, as FB says there isn't any need for you to instruct for this to be done - it ought to be perfectly possible for the buyers solicitors to deal with it so long as all the required docs are in place. That avoids the risk of a buyer getting impatient while registration is awaited. (Although with a sale in place there is always the option of requesting an expedite on the application)

First step will be to see what documents you have, and then get your solicitor to have a look and decide if anything is missing and needs tracking down, I'd suggest. 

Land_Registry

Ageingartist said:

Myself and my siblings have inherited my late mother’s house, there is no mortgage on the property. Probate has been granted.

The property is unregistered and the deeds are in both of my parents names (both deceased) if we were to sell the house does anyone know what documents would be required in order to sell? I have received varied advice to date and wondered if anyone here has any knowledge before I have to resort to a solicitor.
There is another option where we register the house in our names, thus triggering a registration, and I have questions about that, but at the moment I would like to get the process for selling clear in my head.
Thank you.

If the property is unregistered then a buyer would need the original deeds/documents that prove ownership over a period of time and including your late parents' purchase deed (conveyance)
They would also need a copy of your late Father's death certificate and probate for your late Mother. The legal ownership passed to your Mother following Father's death and to now deal with the property probate will be required.
Whilst buyers can rely on the above to complete on a purchase if they are buying with a mortgage the lender may insist on your registering it first before they will allow completion
Others have posted advice as to what to look for re the deeds and the actual property as if it highlights any issues then they could also be something a buyer sees as a 'risk' preventing them from completing
If you decide to register for the first time then her executor(s) would for example transfer the property to the beneficiaries as appropriate - this would indeed then trigger the need for a compulsory first registration - our online assisted guidance and Practice Guide 1 will help you with regards what deeds/documents and more you will need 
HMLR Guide: Start - External  · HM Land Registry

Ageingartist

Thank you for all the replies. Should have mentioned in the opening post that I am also the executor.

As I now see it and understand it, any transfer or sale will automatically trigger a first registration. The house would need to be completely modernised and updated/repaired so will probably be sold to a developer, I don’t think the property would be mortgageable due to its state but not 100% sure on that.
I have my father’s death certificate, the deeds, and epitome of title up to when my parents bought the house. I have my mother’s death certificate and grant of probate. The only other thing I think that I need is the written agreement to sell from the other beneficiaries.  At the moment any sale would be an estate sale as i understand it.
our second option, which is to register the house in our (beneficiaries) names is a little more complicated, but that decision hasn’t yet been made.

Tiglet2

Ageingartist said:

Thank you for all the replies. Should have mentioned in the opening post that I am also the executor.

As I now see it and understand it, any transfer or sale will automatically trigger a first registration. The house would need to be completely modernised and updated/repaired so will probably be sold to a developer, I don’t think the property would be mortgageable due to its state but not 100% sure on that.
I have my father’s death certificate, the deeds, and epitome of title up to when my parents bought the house. I have my mother’s death certificate and grant of probate. The only other thing I think that I need is the written agreement to sell from the other beneficiaries.  At the moment any sale would be an estate sale as i understand it.
our second option, which is to register the house in our (beneficiaries) names is a little more complicated, but that decision hasn’t yet been made.

Probably best not to register it in the beneficiaries names if you are going to sell the property anyway.  

Registering it would trigger a first registration and there would be implications regarding taking away first time buyer status (if any of the beneficiaries are FTB) and possible Capital Gains Tax implications on the sale if the beneficiaries are not living in the property between date of ownership and date of sale.  Probably a few more disadvantages that I can't think of right now.

Ageingartist

Tiglet2 said:

Ageingartist said:

Thank you for all the replies. Should have mentioned in the opening post that I am also the executor.

As I now see it and understand it, any transfer or sale will automatically trigger a first registration. The house would need to be completely modernised and updated/repaired so will probably be sold to a developer, I don’t think the property would be mortgageable due to its state but not 100% sure on that.
I have my father’s death certificate, the deeds, and epitome of title up to when my parents bought the house. I have my mother’s death certificate and grant of probate. The only other thing I think that I need is the written agreement to sell from the other beneficiaries.  At the moment any sale would be an estate sale as i understand it.
our second option, which is to register the house in our (beneficiaries) names is a little more complicated, but that decision hasn’t yet been made.

Probably best not to register it in the beneficiaries names if you are going to sell the property anyway.  

Registering it would trigger a first registration and there would be implications regarding taking away first time buyer status (if any of the beneficiaries are FTB) and possible Capital Gains Tax implications on the sale if the beneficiaries are not living in the property between date of ownership and date of sale.  Probably a few more disadvantages that I can't think of right now.

Thank you Tiglet2.
Registration will be a final decision. There is a complication as one of the beneficiaries is living in the house, as per the Will, however they may be looking to move at some point, hence why the delay in either selling or registration. Until that decision is made the property itself is in a bit of a limbo, hence why I am trying to get everything ready for whatever is decided.
With the answers I have received here and my own research I believe I am now in that position. I hope.

RAS

You need to be aware that if you register the house in the names of the beneficiaries, that trigger several liabilities:

Anyone claiming benefits has to declare ownership, if they are not resident it affects their claim.
Anyone who has not previously owned a house loses their first time buyer status, permanently.
Everyone not resident becomes liable for CGT if there is an increase in value after they acquire, subject to the annual allowance.

Who is currently paying CT and bills?

Ageingartist

RAS said:

You need to be aware that if you register the house in the names of the beneficiaries, that trigger several liabilities:

Anyone claiming benefits has to declare ownership, if they are not resident it affects their claim.
Anyone who has not previously owned a house loses their first time buyer status, permanently.
Everyone not resident becomes liable for CGT if there is an increase in value after they acquire, subject to the annual allowance.

Who is currently paying CT and bills?

Thank you for the reply. I was vaguely aware of the points that you have raised but not really considered them. The beneficiary who by virtue of her circumstances is allowed to live in the house (as per the Will) is currently pay CT and the bills (all in their name).