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Son/daughter names were added to house deeds - do we need probate?

Mum added myself and my sister to the house deeds (via Land Registry) around 10 years ago. Mum passed a few weeks ago so we are sorting out al the paperwork etc. As we are named co-owners (I assume that's what it means?) do we still need to have probate completed if we wanted to sell the house (it was bequeathed to us)?
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Comments

  • GrumpyDil
    GrumpyDil Posts: 2,101 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Firstly you need to check if you own as tenants in common or joint tenants.

    That said if your mum simply added you to the title and assuming you are not living in the property, when you come to sell it you will be liable to pay Capital Gains Tax on the increase in value between the date of transfer to you and the date of sale.

  • RAS
    RAS Posts: 35,980 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If this was a joint tenancy, then mum couldn't bequeath the house to you, because all three of you each "own" 100%. And now the survivors each own 100%. 

    If it was owned tenants in common, what percentage did each party own? You will need probate to sell mum's portion. What is the current value of the estate and what was mum's marital status?

    Did either you or your brother live in the house, as your primary residence, in the last decade?
    If you've have not made a mistake, you've made nothing
  • bicyclist
    bicyclist Posts: 32 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    GrumpyDil said:
    Firstly you need to check if you own as tenants in common or joint tenants.

    That said if your mum simply added you to the title and assuming you are not living in the property, when you come to sell it you will be liable to pay Capital Gains Tax on the increase in value between the date of transfer to you and the date of sale.

    I can see nothing that mentions 'tenants' in any context, however under Proprietorship Register on the certificate under 'Title absolute' it lists mum, myself and my sister as Proprietors.

    Under that, it says "RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."
  • bicyclist
    bicyclist Posts: 32 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    RAS said:
    If this was a joint tenancy, then mum couldn't bequeath the house to you, because all three of you each "own" 100%. And now the survivors each own 100%. 

    If it was owned tenants in common, what percentage did each party own? You will need probate to sell mum's portion. What is the current value of the estate and what was mum's marital status?

    Did either you or your brother live in the house, as your primary residence, in the last decade?
    Mum's will stated her estate is to be divided between myself and my sister. Mum was widowed, and (according to the gov.uk calculator) no IHT will be due. Neither of us live or have lived in the house in the last decade.
  • RAS
    RAS Posts: 35,980 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So you need the documentation from the lawyer who did the conveyancing to add you and your brother to the deeds. There should be a deed of trust specifying the shares. 

    You will need probate.
    If you've have not made a mistake, you've made nothing
  • bicyclist
    bicyclist Posts: 32 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    RAS said:
    So you need the documentation from the lawyer who did the conveyancing to add you and your brother to the deeds. There should be a deed of trust specifying the shares. 

    You will need probate.
    You mean the lawyer that mum and dad used when they bought the house? Unfortunately that was 35 years ago.

    We do have a lot of documents here going back to the mid-60s when the land was bought from a local nobleman, and covers the three subsequent owners of the house (some of it looks mighty fancy!)
  • jem16
    jem16 Posts: 19,706 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bicyclist said:
    RAS said:
    So you need the documentation from the lawyer who did the conveyancing to add you and your brother to the deeds. There should be a deed of trust specifying the shares. 

    You will need probate.
    You mean the lawyer that mum and dad used when they bought the house? Unfortunately that was 35 years ago.


    No the lawyer from 10 years ago who added you and your brother to the deeds. 
  • p00hsticks
    p00hsticks Posts: 14,558 Forumite
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    bicyclist said:
    RAS said:
    So you need the documentation from the lawyer who did the conveyancing to add you and your brother to the deeds. There should be a deed of trust specifying the shares. 

    You will need probate.
    You mean the lawyer that mum and dad used when they bought the house? Unfortunately that was 35 years ago.

    We do have a lot of documents here going back to the mid-60s when the land was bought from a local nobleman, and covers the three subsequent owners of the house (some of it looks mighty fancy!)
    Not the original lawyer - the one who added yourself and your sister (not brother ?) to the deeds ten years ago. AS Part of that change should have  specified how the property was to be held between the three of you. 
  • bicyclist
    bicyclist Posts: 32 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    bicyclist said:
    RAS said:
    So you need the documentation from the lawyer who did the conveyancing to add you and your brother to the deeds. There should be a deed of trust specifying the shares. 

    You will need probate.
    You mean the lawyer that mum and dad used when they bought the house? Unfortunately that was 35 years ago.

    We do have a lot of documents here going back to the mid-60s when the land was bought from a local nobleman, and covers the three subsequent owners of the house (some of it looks mighty fancy!)
    Not the original lawyer - the one who added yourself and your sister (not brother ?) to the deeds ten years ago. AS Part of that change should have  specified how the property was to be held between the three of you. 
    There's no reference here mentioning how the property was to be held. The Official Copy of Register of Title simply lists us three under 'Proprietor'. All other docs predate this by at least 20 years.

    Looks like we'll need to get a solicitor on the case.
  • bicyclist
    bicyclist Posts: 32 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    bicyclist said:
    RAS said:
    So you need the documentation from the lawyer who did the conveyancing to add you and your brother to the deeds. There should be a deed of trust specifying the shares. 

    You will need probate.
    You mean the lawyer that mum and dad used when they bought the house? Unfortunately that was 35 years ago.

    We do have a lot of documents here going back to the mid-60s when the land was bought from a local nobleman, and covers the three subsequent owners of the house (some of it looks mighty fancy!)
    Not the original lawyer - the one who added yourself and your sister (not brother ?) to the deeds ten years ago. AS Part of that change should have  specified how the property was to be held between the three of you. 
    bicyclist said:
    RAS said:
    So you need the documentation from the lawyer who did the conveyancing to add you and your brother to the deeds. There should be a deed of trust specifying the shares. 

    You will need probate.
    You mean the lawyer that mum and dad used when they bought the house? Unfortunately that was 35 years ago.

    We do have a lot of documents here going back to the mid-60s when the land was bought from a local nobleman, and covers the three subsequent owners of the house (some of it looks mighty fancy!)
    Not the original lawyer - the one who added yourself and your sister (not brother ?) to the deeds ten years ago. AS Part of that change should have  specified how the property was to be held between the three of you. 
    I see. No reference here mentioning how the property was to be held. The Official Copy of Register of Title simply lists us three under 'Proprietor'. All other docs predate this by at least 20 years.
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