Land Registry and a trust document

Kings371

Hi - in 2010 my mum and dad added myself to the deeds of house in trust to be divided equally between myself and two sisters as per the will . My dad passed away in 2016 and my mum has passed away recently . My two sisters and myself are executors of the will. Estate to divided in 1/4 with mum and dad’s 1/4 being split between grandchildren and the remaining 3/4 to be split between myself and two sisters .

My questions are
Do we need to apply for probate as I am listed on the deeds ? 
We were under the impression that the house would be exempt from council tax for 6 months however the local council have carried  out a land registry search and can see that I am listed on the deeds … will they expect me to pay even though not my home and held in trust ? 

Value of property is well below inheritance tax thresholds . 

Any advice please ? 

Also value of property has not changed much since 2010 when trust document and land registry listing was changed.
thank you 

Newly_retired

Each local authority has its own rules for Council Tax of unoccupied porperties. More and more are charging now. Check with your council.

RAS

If mum and dad added you to the deeds in 2010, what portion of the house do you already own, assuming this was a tenancy in common?

Keep_pedalling

Why are you listed in the deeds rather than the trust? Was the trust ever registered with HMRC? 

Savvy_Sue

Keep_pedalling said:

Why are you listed in the deeds rather than the trust? Was the trust ever registered with HMRC? 

It sounds as if the OP was added to the deeds in 2010 (rather than an IDPI being set up in the will). The 'Trust' would then - I think - be the usual legalese which directs that "my trustees shall hold my estate in trust until they can divide it all up and distribute it".

Per this thread, they may be liable for Council Tax, with none of the usual exemptions, but I am no expert, I'll leave that to @lincroft1710

Kings371 said:

Hi - in 2010 my mum and dad added myself to the deeds of house in trust to be divided equally between myself and two sisters as per the will . My dad passed away in 2016 and my mum has passed away recently . My two sisters and myself are executors of the will. Estate to divided in 1/4 with mum and dad’s 1/4 being split between grandchildren and the remaining 3/4 to be split between myself and two sisters .

My questions are
Do we need to apply for probate as I am listed on the deeds ? 

Let's take a step back: did your father leave a will, what did it say, and was it executed at the time? If he didn't, did anyone apply for Letters of Administration? Did the deeds remain in your father's name, your mother's name and your name? 

I believe you will need to apply for probate, because you only ever owned part of the house, as a tenant in common with your parents, but you could check this by going to the Land Registry website and downloading the deeds. If there is a Form A restriction, then that indicates you didn't own it all. 

But you may possibly need to apply for probate for your father as well as for your mother. 

Who drafted this will? You may need 'proper' advice on how to proceed. 

poppystar

Savvy_Sue said:

Keep_pedalling said:

Why are you listed in the deeds rather than the trust? Was the trust ever registered with HMRC? 

It sounds as if the OP was added to the deeds in 2010 (rather than an IDPI being set up in the will). The 'Trust' would then - I think - be the usual legalese which directs that "my trustees shall hold my estate in trust until they can divide it all up and distribute it".

Per this thread, they may be liable for Council Tax, with none of the usual exemptions, but I am no expert, I'll leave that to @lincroft1710

Kings371 said:

Hi - in 2010 my mum and dad added myself to the deeds of house in trust to be divided equally between myself and two sisters as per the will . My dad passed away in 2016 and my mum has passed away recently . My two sisters and myself are executors of the will. Estate to divided in 1/4 with mum and dad’s 1/4 being split between grandchildren and the remaining 3/4 to be split between myself and two sisters .

My questions are
Do we need to apply for probate as I am listed on the deeds ? 

Let's take a step back: did your father leave a will, what did it say, and was it executed at the time? If he didn't, did anyone apply for Letters of Administration? Did the deeds remain in your father's name, your mother's name and your name? 

I believe you will need to apply for probate, because you only ever owned part of the house, as a tenant in common with your parents, but you could check this by going to the Land Registry website and downloading the deeds. If there is a Form A restriction, then that indicates you didn't own it all. 

But you may possibly need to apply for probate for your father as well as for your mother. 

Who drafted this will? You may need 'proper' advice on how to proceed. 

If OP held their part as tenant in common in their name rather than as a trustee then probate won’t be necessary… but council tax is likely to have to be paid with no exception for any period after the death. Swings and roundabouts as if they were on the deeds as a trustee then AIUI probate will be necessary but there may be reprieve then on paying council tax.