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

bicyclist
Posts: 32 Forumite


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
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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.
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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 nothing0 -
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.
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."0 -
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?0 -
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 nothing0 -
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.
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!)0 -
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.0 -
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.
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!)0 -
p00hsticks said: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.
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!)
Looks like we'll need to get a solicitor on the case.0 -
p00hsticks said: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.
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!)p00hsticks said: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.
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!)0
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